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M. Swathika v. Siva Ganesan .R

Madras HC28 Jul 2025TR CMP/632/2025

Case brief

AI extract

What is this about?

Tr.CMP.No.632 of 2025 and CMP.No.15049 of 2025, High Court of Judicature at Madras, decided 28.07.2025 by P.B. Balaji, J. Wife's transfer petition under Section 24 CPC seeking transfer of matrimonial proceedings HMOP.No.59 of 2025 from the Family Court, Nagercoil to the Sub Court, Alandur, Chengalpattu District on the ground of her residence at Pallikaranai, Chennai and inconvenience of long-distance travel; respondent set ex-parte for non-appearance despite notice; petition allowed, no costs, connected CMP closed.

What did the court decide?

HMOP.No.59 of 2025 withdrawn from the file of the Family Court, Nagercoil and transferred to the file of the Sub Court, Alandur, Chengalpattu District; no order as to costs; connected Civil Miscellaneous Petition (CMP.No.15049 of 2025) closed. ¶31

M. Swathika Vs Siva Ganesan .R — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether HMOP.No.59 of 2025 pending before the Family Court, Nagercoil ought to be transferred to the Sub Court, Alandur, Chengalpattu District, on the ground of inconvenience to the petitioner/wife, an ordinary resident of Pallikaranai, Chennai, in travelling long distance to attend the proceedings.

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Court's answer

The petitioner/wife made out sufficient cause for transfer of the HMOP proceedings pending on the file of the Family Court, Nagercoil.

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Ratio / Principle

Since the HMOP is sought to be transferred to the Sub Court, Alandur, the presence of the respondent/husband will not be required during all hearing dates, and therefore no prejudice would be caused to him if the Transfer CMP is allowed.

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Key takeaways

The Transfer Civil Miscellaneous Petition is allowed; HMOP.No.59 of 2025 is withdrawn from the file of the Family Court, Nagercoil and transferred to the file of the Sub Court, Alandur, Chengalpattu District, with no order as to costs, and the connected Civil Miscellaneous Petition is closed.ratio¶31

Detailed headnote1 paragraphs

Madras High Court (P.B. Balaji, J.) allowed a wife's transfer petition under Section 24 of the Code of Civil Procedure: HMOP.No.59 of 2025 pending before the Family Court, Nagercoil was withdrawn and transferred to the Sub Court, Alandur, Chengalpattu District. The respondent/husband, though served with notice, did not appear in person or through counsel and was set ex-parte. The Court found that the petitioner, an ordinary resident of Pallikaranai, Chennai, had made out sufficient cause, citing the inconvenience of travelling long distance to attend proceedings before the Family Court, Nagercoil, and observed that no prejudice would be caused to the husband since his presence would not be required during all hearing dates. There was no order as to costs, and the connected CMP.No.15049 of 2025 was closed.

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Tr.CMP.No.632 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 28.07.2025

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CORAM :

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THE HONOURABLE MR. JUSTICE P.B. BALAJI

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Tr.CMP.No.632 of 2025

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and CMP.No.15049 of 2025

M.Swathika

...Petitioner

Vs.

Siva Ganesan ...Respondent

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Transfer Civil Miscellaneous Petition filed under Section 24 of Code of Civil Procedure to withdraw the HMOP.No.59 of 2025, pending on the file of the Hon'ble Family Court, Nagercoil and to transfer the same to the file of the Hon'ble Sub Court, Alandur at Chengalpattu District.

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For Petitioner : Mr.C.Dayakar

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For Respondent : No Appearance

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ORDER

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The present Transfer CMP is at the instance of the petitioner/wife

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who is facing matrimonial proceedings in HMOP.No.59 of 2025 before

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the Family Court, Nagercoil, seeking transfer of the said HMOP to the Page No.1 of 4

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https://www.mhc.tn.gov.in/judis

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Tr.CMP.No.632 of 2025

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file of the Sub Court, Alandur, Chengalpattu District.

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2. D espite service of notice on the respondent, the respondent/ husband failed to appear before this Court either in person or through counsel. Hence, t he respondent is called and set ex-parte.

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3. I have heard the learned counsel for the petitioner and I have also gone through the affidavit filed in support of this transfer petition.

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4. The major grievance of the petitioner/wife is that th e petitioner is an ordinary resident of Pallikaranai, Chennai and in order to enable her to attend the HMOP proceedings, the petitioner now seeks transfer of HMOP.No.59 of 2025 to the file of the Sub Court, Alandur, Chengalpattu District. The petitioner also set out inconvenience to travel long distance to attend the HMOP proceedings before the Family Court, Nagercoil.

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5. Further, in any event, since the HMOP is sought to be transferred to Sub Court, Alandur, the presence of the respondent/ husband will also not be required during all hearing dates and therefore, no prejudice would be caused to the respondent/husband, if the present Transfer CMP is

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Page No.2 of 4

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https://www.mhc.tn.gov.in/judis

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Tr.CMP.No.632 of 2025

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allowed.

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6 . I am satisfied that the petitioner has made out sufficient cause for

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seeking transfer of the HMOP proceedings pending on the file of the Family Court, Nagercoil. In view of the above, this Transfer Civil Miscellaneous Petition is allowed and the case in HMOP.No.59 of 2025 is hereby withdrawn from the file of the Family Court, Nagercoil and transferred to the file of the Sub Court, Alandur, Chengalpattu District. There shall be no order as to costs. Consequently, the connected Civil Miscellaneous Petition is closed.

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28.07.2025

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skt Index : Yes / No Speaking order : Yes / No NCC : Yes / No

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