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V.Saraswathy v. R.Surendar

Madras HC29 Jul 2025TR CMP/665/2024

Case brief

AI extract

What is this about?

S.24 CPC transfer petition by wife (V. Saraswathy) for transfer of matrimonial proceedings F.C.O.P. No. 483 of 2023 from Family Court, Chengalpattu to Sub Court, Kancheepuram; grounds: residence with parents at Kancheepuram, genuine inconvenience, influential husband, alleged life threat; respondent served but absent, called ex parte; Madras High Court (P.B. Balaji J., 29-07-2025) held sufficient cause made out, transfer allowed, no costs, connected CMP No. 14462 of 2024 closed.

What did the court decide?

Withdrawal of F.C.O.P. No. 483 of 2023 from the file of the Family Court, Chengalpattu and transfer to the file of the Sub Court, Kancheepuram, as prayed for; no costs; connected miscellaneous petition (CMP No. 14462 of 2024) closed. ¶36

V.Saraswathy Vs R.Surendar — Madras HC (2025) — LawSathi Research

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TR CMP No. 665 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 29-07-2025

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CORAM

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THE HONOURABLE MR.JUSTICE P.B. BALAJI

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TR CMP No. 665 of 2024 AND

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CMP NO. 14462 OF 2024

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V.Saraswathy W/o. Surendar, D/o. Venugopal, Varavasi Perumal Koil Street Walajabad Taluk, kancheepuram District

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Petitioner(s)

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R.Surendar S/o. Rajendran, No.36/93, Semanthamman Koil Street, Thellimedu Village, Singaperumal Koil Chengalpattu Taluk and District

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Respondent(s)

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PRAYER

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The Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure seeking to withdraw the FCOP.No.483/2023 pending on the file of Family Court of Chengalpattu and transfer the same to Sub Court Kancheepuram.

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

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TR CMP No. 665 of 2024

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For Petitioner(s): Mr.M.P.Yuvaraj

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For Respondent(s): No appearance

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ORDER

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The petitioner, who is the wife, seeks transfer of the matrimonial

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proceedings in F.C.O.P. No.483 of 2023 from the file of the Family Court,

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Chengalpattu, to the file of the Sub Court, Kancheepuram.

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Despite service of notice and the name of the respondent being printed

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in the cause list, there is no appearance on his behalf, either in person or through

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counsel. Hence, the respondent is called 'ex parte'.

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Proceeded to hear from the learned counsel for the petitioner. The

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learned counsel for the petitioner would take me through the affidavit filed in support of the petition request for transfer. He states that the petitioner has set

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out genuine inconvenience to attend the proceedings before the Family Court of

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Chenlgapattu. He would further state that the petitioner is residing in the

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

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TR CMP No. 665 of 2024

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residence of her parents at Kancheepuram and the respondent is very influential,

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and there is also a life threat for the petitioner if she attends the proceedings before the Family Court, Chengalpattu.

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Upon consideration, this Court is satisfied that the petitioner has made

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out sufficient cause for transfer. Accordingly, this transfer CMP is allowed,

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F.C.O.P. No.483 of 2023 is withdrawn from the file of the Family Court, Chengalpattu and transferred to the file of the Sub Court, Kancheepuram, as prayed for. No costs. Consequently, the connected miscellaneous petition is closed.

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29-07-2025

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jrs

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Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No

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

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TR CMP No. 665 of 2024

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P.B.BALAJI J.