Aruna v. Vinothkumar

Madras HC23 Apr 2025TR CMP/896/2024

Case brief

AI extract

What is this about?

Section 24 CPC transfer petition; wife's convenience transfer of matrimonial case; HMOP.No.4 of 2023; Subordinate Judge Ponneri Tiruvallur to Sub Court Alandur Kanchipuram District; petitioner/wife residing at Sholinganallur, Chennai with parents; non-maintenance by respondent/husband; travel distance grounds; Tr. CMP.No.896 of 2024; C.M.P.No.19677 of 2024; High Court of Judicature at Madras; Justice P.T. Asha; decided 23.04.2025; transfer allowed, no costs, connected CMP closed.

What did the court decide?

HMOP.No.4 of 2023 withdrawn from the file of the Subordinate Judge, Ponneri, Tiruvallur and transferred to the file of the Sub Court, Alandur, Kanchipuram District; no costs awarded; connected Miscellaneous Petition (C.M.P.No.19677 of 2024) closed. ¶¶26

Aruna Vs Vinothkumar — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether HMOP.No.4 of 2023 pending on the file of the Subordinate Judge, Ponneri, Tiruvallur should be withdrawn and transferred to the file of the Sub Court, Alandur, Kanchipuram District, in light of the petitioner-wife's stated grounds (non-maintenance by the husband, residence with parents at Sholinganallur, Chennai, and the considerable travel distance to Ponneri).

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Court's answer

After hearing learned counsel on either side, and in the circumstances relied upon by the petitioner, the request for transfer was held to be reasonable.

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Ratio / Principle

The Transfer Civil Miscellaneous Petition is allowed: HMOP.No.4 of 2023 pending on the file of the Subordinate Judge, at Ponneri, Tiruvallur is withdrawn and transferred to the file of the Sub Court, Alandur, Kanchipuram District, with no costs, and the connected Miscellaneous Petition (C.M.P.No.19677 of 2024) is closed.

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Detailed headnote1 paragraphs

Madras High Court (Hon'ble Ms. Justice P.T. Asha), order dated 23.04.2025, in Tr. CMP.No.896 of 2024 and C.M.P.No.19677 of 2024: A wife-petitioner, residing with her parents at Sholinganallur, Chennai and alleging she is not maintained by her husband, sought under Section 24 CPC the withdrawal and transfer of HMOP.No.4 of 2023 pending before the Subordinate Judge at Ponneri, Tiruvallur to the Sub Court, Alandur, Kanchipuram District, citing the considerable travel distance for every hearing. Holding the request reasonable, the Court allowed the transfer petition, ordered the HMOP withdrawn from Ponneri and transferred to Alandur, made the transfer without costs, and closed the connected Miscellaneous Petition. (The prayer had misstated the HMOP year as 2024; it correctly reads 2023.)

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Tr. CMP.No.896 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED :23.04.2025

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CORAM

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THE HONOURABLE Ms. JUSTICE P.T. ASHA

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Tr. CMP.No.896 of 2024 and C.M.P.No.19677 of 2024

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Mrs.Aruna

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... Petitioner Vs.

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Mr.Vinoth Kumar ... Respondent

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Prayer:- Transfer Petition is filed under Section 24 of the CPC to withdraw and transfer the HMOP No.4 of 2024 (year is wrongly given as 2024 it should read as 2023), on the file of the Subordinate Judge, at Ponneri, Tiruvallur to the file of Sub Court, Alandur, Kanchipuram District and pass such further or other orders and render justice.

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For Petitioner : M/s.T.Dharani For Respondent : M/s.C.Loganathan

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O R D E R

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The above Petition is filed to withdraw and transfer HMOP.No.4 of

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2023 pending on the file of Subordinate Judge, at Ponneri, Tiruvallur to the Sub Court, Alandur, Kanchipuram District.

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1/4

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

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Tr. CMP.No.896 of 2024

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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 is residing with her parents at Sholinganallur, Chennai.

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(iii) The petitioner/wife finds it very difficult to travel all the way

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from Sholinganallur to Ponneri for every hearing, as the distance between the two places is considerable.

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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. Therefore, the Transfer Civil Miscellaneous Petition is allowed

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and HMOP.No.4 of 2023 pending on the file of the Subordinate Judge, at

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Ponneri, Tiruvallur is withdrawn and transferred to the file of the Sub Court, Alandur, Kanchipuram District. No costs. Consequently, the connected Miscellaneous Petition is closed.

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23.04.2025

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

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Note :-In the petition, the year of the HMOP is wrongly given as 2024 it should read as 2023.

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2/4

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

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Tr. CMP.No.896 of 2024