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Seethalakshmi v. R. Parthiban

Transfer Petition (S.24 CPC) – Wife's convenience

Madras HC12 Mar 2025TR CMP/693/2023

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What is this about?

Madras High Court, P.T. Asha, J., 12.03.2025 — Tr. CMP.No.693 of 2023 (with C.M.P.No.16900 of 2023) under Section 24 CPC; wife's transfer petition seeking removal of matrimonial case HMOP No.158 of 2023 from Family Court, Tiruppur to Sub Court, Srivilliputhur, Virudhunagar District; grounds: non-maintenance by husband, dependence of wife and son on her elderly parents, distance over 270 kms; petition allowed, case transferred, no costs, connected petition closed.

What did the court decide?

Transfer Civil Miscellaneous Petition allowed; HMOP No.158 of 2023 withdrawn from the file of the Family Court, Tiruppur and transferred to the file of the Sub Court, Srivilliputhur, Virudhunagar District; no costs; connected C.M.P.No.16900 of 2023 closed. ¶26

Seethalakshmi Vs R. Parthiban — Madras HC (2025) — LawSathi Research

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Tr. CMP.No.693 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED :12.03.2025

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CORAM

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THE HONOURABLE Ms. JUSTICE P.T. ASHA

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Tr. CMP.No.693 of 2023 and

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C.M.P.No.16900 of 2023

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Seethalakshmi ... Petitioner

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Vs.

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R.Parthiban ... Respondent

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Prayer:- Transfer Petition is filed under Section 24 of the CPC to withdraw HMOP No.158 of 2023 from the file of Hon'ble Family Court, Tiruppur and transfer the same to Hon'ble Sub Court, Srivilliputhur, Virudhunagar District and thus, render justice.

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For Petitioner : M/s.M.Rajkumar Franklin For Respondent : M/s.S.Sudhanthiran

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O R D E R

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The above Petition is filed to withdraw and transfer HMOP No.158

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of 2023, pending on the file of the Family Court, Tiruppur, to the Sub Court, Srivilliputhur, Virudhunagar District.

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

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Tr. CMP.No.693 of 2023

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2 . Reasons for seeking the transfer are as follows:-

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(i) The petitioner/wife is not being maintained by the respondent/husband.

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(ii) The petitioner/wife and her son are fully dependent on her elderly parents.

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(iii) The distance between the present residence of the petitioner/wife to the Sub Court, Tiruppur is more than 270 kms.

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3 . Heard the learned counsel on either side.

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4 . In the above circumstances the request for transfer appears

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reasonable and justified. Therefore, the Transfer Civil Miscellaneous Petition is allowed and HMOP No.158 of 2023, pending on the file of the Family Court, Tiruppur, is withdrawn and transferred to the file of the Sub Court, Srivilliputhur, Virudhunagar District. No costs. Consequently, the connected Miscellaneous Petition is closed.

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12.03.2025

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(shr) Index : Yes/No Speaking Order: Yes/No Neutral Citation : Yes/No

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2/4

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

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Tr. CMP.No.693 of 2023

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