Allowed¶32

Arulselvi v. Jothi Baskar

Madras HC10 Sept 2025TR CMP/680/2024

Case brief

AI extract

What is this about?

Madras High Court order dated 10-09-2025 by M. Jothiraman J. in Tr.C.M.P.No.680 of 2024 (with connected CMP No.14693 of 2024) under Section 24 CPC, filed by the wife Arulselvi to transfer her husband Jothi Baskar's pending restitution of conjugal rights petition H.M.O.P.No.302 of 2021 from the Family Court, Mannargudi to the Subordinate Court, Mayiladuthurai on grounds of her residence, dependence on parents and children's schooling at Mayiladuthurai; respondent unrepresented on the hearing date; petition allowed, no costs.

What did the court decide?

Transfer of H.M.O.P.No.302 of 2021 from the file of the Family Court, Mannargudi to the file of the Subordinate Court, Mayiladuthurai; no costs awarded; connected C.M.P. closed. ¶32

Arulselvi Vs Jothi Baskar — Madras HC (2025) — LawSathi Research

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Tr.C.M.P.No.680 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 10-09-2025

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CORAM

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THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN

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TR CMP No.680 of 2024 and CMP No.14693 of 2024

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Arulselvi D/o.Selvaraj, No.221, Vandikkaratheru, Sittharkadu, Mayiladuthurai Taluk, Namakkal District.

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Petitioner(s)

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Jothi Baskar S/o.Subramaniyan, Palaiyur, Mannargudi Taluk, Tiruvarur District.

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Respondent(s)

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Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C.

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to withdraw H.M.O.P.No.302 of 2021 from the file of the Family Court, Mannargudi and transfer the same to the file of the Subordinate Court, Mayiladuthurai.

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For Petitioner(s): Mr.B.Jawahar

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Page 1 of 5

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

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Tr.C.M.P.No.680 of 2024

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For Respondent(s): No appearance ORDER

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This petition has been filed to withdraw H.M.O.P.No.302 of 2021

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from the file of the Family Court, Mannargudi and transfer the same to the file of the Subordinate Court, Mayiladuthurai.

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The learned counsel appearing for the petitioner would submit that the respondent/husband filed a petition for restitution of conjugal rights before the Family Court, Mannargudi and the same is pending in H.M.O.P.No.302 of 2021. The petitioner/wife is living in her parental home at Mayiladuthurai along with her children and she is totally depending upon her parents for her livelihood. That apart, the petitioner's children are studying at Mayiladuthurai. In such circumstances, it is very difficult for her to travel from Mayiladuthurai to Mannargudi for attending each and every hearing of the case. Therefore, the case in H.M.O.P.No.302 of 2021 may be withdrawn from the file of the Family Court, Mannargudi and transferred to the file of the Subordinate Court, Mayiladuthurai.

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Though the respondent entered appearance through a counsel

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Page 2 of 5

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

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Tr.C.M.P.No.680 of 2024

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and the name of the learned counsel duly shown in the cause list, there is no

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representation on behalf of the respondent/husband today.

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I have gone through the affidavit filed in support this petition

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and I find merit in the submissions made by the learned counsel for the petitioner/wife.

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In view of the above and also considering the submissions made

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by the learned counsel for the petitioner/wife, there can be no impediment for allowing this petition as prayed for.

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Accordingly, this transfer civil miscellaneous petition is allowed. The case in H.M.O.P.No.302 of 2021 is hereby withdrawn from the file of the Family Court, Mannargudi and transferred to the file of the Subordinate Court, Mayiladuthurai. No costs. Connected C.M.P. is closed.

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10-09-2025

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

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Page 3 of 5

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

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Tr.C.M.P.No.680 of 2024

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