Allowed¶26

Preethi v. Prabkaran

Transfer of matrimonial petition – Tr.CMP under S.24 CPC by wife allowed

Madras HC12 Sept 2025TR CMP/698/2024

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What is this about?

Madras High Court (M.Jothiraman, J., 12.09.2025) allowed the wife's transfer petition under Section 24 CPC in Tr.CMP.No.698 of 2024; divorce petition H.M.O.P.No.77 of 2024 moved from the Principal Sub-ordinate Judge, Kallakurichi to the Family Court, Namakkal on the ground of approximately 100 km travel with a female child and pendency of DVC No.06 of 2024 before the Additional Mahila Court, Namakkal; respondent set ex-parte; no costs; connected C.M.P.No.14943 of 2024 closed.

What did the court decide?

H.M.O.P.No.77 of 2024 withdrawn from the file of the Principal Sub-ordinate Judge, Kallakurichi and transferred to the file of the Family Court, Namakkal; no orders as to costs; connected Civil Miscellaneous Petition closed. ¶26

Preethi Vs Prabkaran — Madras HC (2025) — LawSathi Research

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Tr.CMP.No.698 of 2024 and C.M.P.No.14943 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 12.09.2025

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CORAM:

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THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN

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Tr.CMP.No.698 of 2024 and C.M.P.No.14943 of 2024

Preetha

... Petitioner

Versus

Prabakaran ... Respondent

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Prayer:- Transfer Civil Miscellaneous Petition filed under Section 24 of the CPC, to withdraw the HMOP No.77/2024, pending before the Principal SubOrdinate Judge, Kallakurichi, and transfer the same to the Family Court at Namakkal.

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O R D E R

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The petitioner / wife has come up with the above transfer petition,

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seeking transfer of H.M.O.P.No.77 of 2024 from the file of Principal Sub-

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Ordinate Judge, Kallakurichi, to the Family Court, Namakkal.

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Despite service of notice in the above transfer petition, the

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

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Tr.CMP.No.698 of 2024 and C.M.P.No.14943 of 2024

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respondent has neither chosen to appear in person nor through counsel. The name of the respondent is also printed in the cause list. The respondent is called and set ex-parte. Hence, I have proceeded to hear the learned counsel for the petitioner. I have also gone through the affidavit filed in support of the request for transfer.

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The petitioner has stated that she is staying at Namakkal and taking care of her child. It will be very difficult for the petitioner to travel along with her female child from Namakkal to Kallakurichi for attending the proceedings before the Principal Sub-ordinate Judge, Kallakurichi since distance of which is around 100 Kilo meters. Further, the petitioner has filed DVC No.06 of 2024 before the Additional Mahila Court, Namakkal against the respondent. Hence, he seeks the relief as prayed for. I am satisfied that the petitioner has made out good ground for transferring the said transfer petition.

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In the light of the above, this Transfer Civil Miscellaneous Petition is allowed. The case in H.M.O.P.No.77 of 2024 is withdrawn from the file of

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

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Tr.CMP.No.698 of 2024 and C.M.P.No.14943 of 2024

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the Principal Sub-ordinate Judge, Kallakurichi, and transferred to the file of the Family Court, Namakkal. Considering the facts there shall be no orders as

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to costs. Consequently, connected Civil Miscellaneous Petition is closed.

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12.09.2025

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Lbm Index : Yes/No Speaking order : Yes/No Neutral Case Citation : Yes/No

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