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M.Asha v. Mr.v.Madeswaran

Madras HC16 Sept 2025TR CMP/733/2024

Case brief

AI extract

What is this about?

Transfer of matrimonial proceedings under Section 24 CPC; Tr.CMP.No.733 of 2024; H.M.O.P.No.49 of 2024 divorce petition Sub-Court Avinashi; H.M.O.P.No.1795 of 2021 restitution of conjugal rights Family Court Coimbatore; multiplicity of proceedings; conflicting judgments; joint trial; wife resident at Coimbatore without source of income; respondent set ex parte for non-appearance despite notice; Madras High Court; Justice M. Jothiraman; decided 16.09.2025.

What did the court decide?

H.M.O.P.No.49 of 2024 withdrawn from the file of Sub-Court, Avinashi and transferred to the file of the Family Court, Coimbatore to be tried along with H.M.O.P.No.1795 of 2021; no orders as to costs; connected C.M.P.No.16215 of 2024 closed. ¶29

M.Asha Vs Mr.v.Madeswaran — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether H.M.O.P.No.49 of 2024 (husband's divorce petition) pending before Sub-Court, Avinashi should be withdrawn and transferred to the Family Court, Coimbatore for joint trial with H.M.O.P.No.1795 of 2021 (wife's restitution of conjugal rights petition), to avoid multiplicity of proceedings and conflicting judgments.

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Court's answer

The court is satisfied that the petitioner-wife has made out good ground for transferring the case from Sub-Court, Avinashi to Principal Family Court, Coimbatore for joint trial with H.M.O.P.No.1795 of 2021.

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Ratio / Principle

The Transfer Civil Miscellaneous Petition is allowed and H.M.O.P.No.49 of 2024 is withdrawn from the file of Sub-Court, Avinashi.

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Key takeaways

The withdrawn case is transferred to the Family Court, Coimbatore to be tried along with H.M.O.P.No.1795 of 2021; considering the facts, there are no orders as to costs and the connected Civil Miscellaneous Petition is closed.ratio¶29

Detailed headnote1 paragraphs

Madras High Court (M. Jothiraman, J.; 16.09.2025) allowed the wife's transfer petition under Section 24 CPC (Tr.CMP.No.733 of 2024): the husband's divorce petition H.M.O.P.No.49 of 2024 was withdrawn from the file of Sub-Court, Avinashi and transferred to the Family Court, Coimbatore to be tried along with the wife's petition for restitution of conjugal rights, H.M.O.P.No.1795 of 2021, the court being satisfied that good ground existed to avoid multiplicity of proceedings and conflicting judgments; the petitioner-wife resides with her parents at Coimbatore and has no source of income to attend hearings at Avinashi; the respondent, served with notice but absent, was set ex parte; no costs; connected C.M.P.No.16215 of 2024 closed.

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Tr.CMP.No.733 of 2024 and C.M.P.No.16215 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 16.09.2025

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CORAM:

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THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN

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Tr.CMP.No.733 of 2024

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and C.M.P.No.16215 of 2024

Mrs.M.Asha

... Petitioner

Versus

Mr.V.Madeswaran ... Respondent

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Prayer:- Transfer Civil Miscellaneous Petition filed under Section 24 of the CPC, to withdraw H.M.O.P.No.49 of 2024 on the file of Sub Court, Avinashi and transfer the same to the Family Court at Coimbatore to be tried jointly with the petition in H.M.O.P.No.1795 of 2021.

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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.49 of 2024 from the file of Sub Court,

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Avinashi to the file of Principal Family Court, Coimbatore.

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Despite service of notice in the above transfer petition, the

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1/4

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

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Tr.CMP.No.733 of 2024 and C.M.P.No.16215 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. Name of the respondent was called out, but there is no representation. Hence, he is set ex parte . 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 learned counsel appearing for the petitioner would submit that the respondent husband has filed a petition for divorce in H.M.O.P.No.49 of 2024 on the file of Sub-Court, Avinashi and the petitioner has filed a petition for restitution of conjugal rights in H.M.O.P.No.1795 of 2021 on the file of Family Court, Coimbatore and hence, to avoid multiplicity of proceedings and conflicting judgments, the case in H.M.O.P.No.49 of 2024 on the file of Sub-Court, Avinashi may be transferred to the file of Family Court, Coimbatore to be tried along with H.M.O.P.No.1795 of 2021.

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The petitioner has stated that she is living with her parents at

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Coimbatore and she has no source of income to attend each and every hearing at Sub-Court, Avinashi.

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2/4

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

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Tr.CMP.No.733 of 2024 and C.M.P.No.16215 of 2024

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I am satisfied that the petitioner has made out good ground for transferring the case from Sub-Court, Avinashi to Principal Family Court, Coimbatore to be tried along with H.M.O.P.No.1795 of 2021 filed by the petitioner wife for restitution of conjugal rights.

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6.Accordingly, this Transfer Civil Miscellaneous Petition is allowed and the case in H.M.O.P.No.49 of 2024 is withdrawn from the file of the Sub-Court, Avinashi and transferred to the file of the Family Court, Coimbatore to be tried along with H.M.O.P.No.1795 of 2021. Considering the facts, there shall be no orders as to costs. Consequently, connected Civil Miscellaneous Petition is closed.

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16.09.2025

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Index : Yes/No Speaking order : Yes/No Neutral Case Citation : Yes/No gpa To

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