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Geethanjali v. K.Srinivasan

Transfer of matrimonial proceeding – Section 24 CPC

Madras HC12 Mar 2025TR CMP/774/2024

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What is this about?

Madras High Court; Tr. CMP.No.774 of 2024 and C.M.P.No. 16947 of 2024; P.T. Asha J.; transfer petition under Section 24 CPC; withdrawal and transfer of HMOP.No.140 of 2023 (restitution of conjugal rights) from Sub Court, Alandur to Sub Court, Thirumangalam; to be tried with wife's divorce petition HMOP.No.261 of 2022; husband's earlier transfer petition dismissed on 03.08.2023; husband served but no appearance; convenience of wife residing at Thirumangalam; petition allowed, no costs.

What did the court decide?

HMOP.No.140 of 2023 pending on the file of the Sub Court, Alandur withdrawn and transferred to the file of the Sub Court, Thirumangalam to be tried along with HMOP.No.261 of 2022; no costs; connected Miscellaneous Petition (C.M.P.No. 16947 of 2024) closed. ¶32

Geethanjali Vs K.Srinivasan — Madras HC (2025) — LawSathi Research

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Tr. CMP.No.774 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED :12.03.2924

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CORAM

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THE HONOURABLE Ms. JUSTICE P.T. ASHA

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Tr. CMP.No.774 of 2024 and

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C.M.P.No. 16947 of 2024

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Geethanjali

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... Petitioner Vs.

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K.Srinivasan ... Respondent

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Prayer:- Transfer Petition is filed under Section 24 of the CPC to withdraw the case in HMOP No.140 of 2023 on the file of the Sub Court Alandur and transfer the same to the Sub Court, Thirumangalam, Madurai for having try with HMOP.No.261 of 2022 on the file of the Sub Court, Thirumangalam.

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For Petitioner : M/s.S.Gunasekaran For Respondent : Served – No appearance

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O R D E R

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The present petition has been filed to withdraw HMOP.No.140 of 2023 pending on the file of the Sub Court, Alandur and transfer the same to the file of the Sub Court, Thirumangalam, to be tried along with HMOP.No.261 of 2022.

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

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Tr. CMP.No.774 of 2024

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2 . The respondent though served has not entered appearance either in

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person or through counsel. Heard the learned counsel for the petitioner.

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3 . Reasons for seeking transfer :-

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i) The petitioner/wife is residing at Thirumangalam and has filed an

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application for divorce in HMOP.No.261 of 2022 on the Sub Court, Thirumangalam.

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ii) The respondent/husband had filed a Transfer Civil Miscellaneous Petition seeking to transfer the HMOP.No.261 of 2022 on the file of the Sub Court, Thirumangalam to the file the Sub Court, Alandur. The said Petition has been dismissed by this Court on 03.08.2023.

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iii) The respondent/husband is not proceeding with the petitioner's petition due to the pendency of the petition filed by the respondent/husband for the restitution of conjugal rights in HMOP.No.140 of 2023 on the file of the Sub Court, Alandur.

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4 . The above reasons would clearly indicate that the

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respondent/husband is using the pendency of HMOP.No.140 of 2023 to not proceed with the proceedings in HMOP.No.261 of 2022. Further, the application filed by the husband for transferring HMOP.No.261 of 2022 has been dismissed.

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5 . In the above circumstances the request for transfer appears

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

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Tr. CMP.No.774 of 2024

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reasonable. Therefore, the Transfer Civil Miscellaneous Petition is allowed and HMOP.No.140 of 2023 pending on the file of the Sub Court, Alandur is withdrawn and transferred to the file of the Sub Court, Thirumangalam to be tried along with HMOP.No.261 of 2022. No costs. Consequently, the connected Miscellaneous Petition is closed.

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12.03.2924

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

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1.The Sub Court Alandur.

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2.The Sub Court, Thirumangalam, Madurai.

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