Jayageetha v. Prakash

Madras HC8 Jul 2025TR CMP/760/2024

Case brief

AI extract

What is this about?

TR CMP No. 760 of 2024, Madras High Court, decided 08-07-2025 by P.B. Balaji J.; transfer of matrimonial petition under Section 24 CPC; H.M.O.P.No.46 of 2024 moved from Principal Sub-Judge, Viruthachalam to Family Court, Chennai; wife's convenience and care of 13-year-old daughter; husband-respondent set ex-parte despite notice; Jayageetha v. Prakash; no costs; connected CMP No. 16596 of 2024 closed.

What did the court decide?

Transfer petition allowed: H.M.O.P.No.46 of 2024 withdrawn from the Principal Sub-Judge, Viruthachalam and transferred to the Principal Family Court, Chennai (or any other Family Court, Chennai, subject to pendency of cases in the Family Courts, Chennai); no costs; connected Civil Miscellaneous Petition closed. ¶35-36

Jayageetha Vs Prakash — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the transfer civil miscellaneous petition under Section 24, Code of Civil Procedure should be allowed so as to withdraw H.M.O.P.No.46 of 2024 from the Principal Sub-Judge, Viruthachalam and transfer it to the Family Court, Chennai, on the ground of inconvenience to the petitioner-wife.

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Court's answer

The petitioner-wife's grievance that attending hearings at the Principal Sub-Judge, Viruthachalam was inconvenient to her was held to be acceptable and justifiable.

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Ratio / Principle

Despite service of notice, the respondent neither appeared before the Court in person nor through counsel, and was called and set ex-parte.

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Key takeaways

On going through the affidavit filed in support of the transfer application, the Court was satisfied that the petitioner had made a good ground for transfer as prayed for.ratio¶31-32
The transfer civil miscellaneous petition was allowed and H.M.O.P.No.46 of 2024 was withdrawn from the file of the Principal Sub-Judge, Viruthachalam and transferred to the Principal Family Court, Chennai.ratio¶36
The transferred matter is to be taken up either by the Principal Family Court, Chennai or any other Family Court, Chennai, subject to the pendency of cases in the Family Courts, Chennai.

Detailed headnote1 paragraphs

Madras High Court (P.B. Balaji, J.) allowed a wife's transfer petition under Section 24, Code of Civil Procedure: H.M.O.P.No.46 of 2024, the husband's suit for dissolution of marriage pending before the Principal Sub-Judge, Viruthachalam, was withdrawn and transferred to the Family Court(s), Chennai. The petitioner-wife resides at Villivakkam, Chennai and has a female child aged about 13 years in her care; her inconvenience in attending hearings at Viruthachalam was held acceptable and justifiable. The respondent-husband, though served, did not appear and was set ex-parte. No costs; connected CMP No. 16596 of 2024 closed.

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TR CMP No. 760 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 08-07-2025

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CORAM

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THE HONOURABLE MR.JUSTICE P.B. BALAJI

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TR CMP No. 760 of 2024 AND

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CMP NO. 16596 of 2024

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Jayageetha No.19/54, Thiru Nagar, Villivakkam, Chennai 600 096.

Petitioner(s)

Prakash

No.1/34, Mariyamman Koil Street, Kezharungunam, Natham, Panruti Taluk, Cuddalore District.

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Respondent(s)

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Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of Code of Civil Procedure, to withdraw the petition in HMOP.No.46 of 2024 on the file of the Principal Sub-Judge, Viruthachalam and transfer the same to Family Court, Chennai.

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For Petitioner(s): Mr.P.Surendran

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For Respondent(s): No appearance

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

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TR CMP No. 760 of 2024

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ORDER

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The petitioner is the wife who is arrayed as respondent in H.M.O.P.No.46

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of 2024 on the file of the Principal Sub-Judge, Viruthachalam, which has been

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filed by the respondent/husband, seeking dissolution of the marriage. The

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petitioner resides at Villivakkam, Chennai, and also has a female child aged

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about 13 years to be taken care of. The grievance of the petitioner is that it is

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inconvenient for her to attend all the hearings at the Principal Sub-Judge,

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Viruthachalam. The same is acceptable and justifiable.

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2. Despite service of notice on the respondent, the respondent has not

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chosen to appear before this Court either in person or through a counsel. The

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respondent is called and set ex-parte.

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3. I have also gone through the affidavit filed in support of the transfer

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application. I am satisfied that the petitioner has made a good ground, seeking

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transfer as prayed for.

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

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TR CMP No. 760 of 2024

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4. In view of the above, the transfer civil miscellaneous petition is

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allowed and H.M.O.P.No.46 of 2024 is hereby withdrawn from the file of the Principal Sub-Judge, Viruthachalam and transferred to the Principal Family Court, Chennai to be taken up either by the Principal Family Court, Chennai or any other Family Court, Chennai, subject to the pendency of the cases in Family

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Courts, Chennai. No costs. Consequently, connected Civil Miscellaneous Petition is closed.

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08-07-2025

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

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1. The Principal Family Court, Chennai.

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2. The Principal Sub-Judge, Viruthachalam.

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