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Roja v. Arun

Madras HC26 Mar 2025TR CMP/904/2024

Case brief

AI extract

What is this about?

Keywords: transfer of matrimonial/divorce petition; Section 24 Code of Civil Procedure; H.M.O.P. transfer; convenience of the wife; both spouses employed abroad at Doha; petitioner's parental home at Chengelpet within transferee court's jurisdiction; Sub Court Vandavasi to Sub Court Chengelpet; earlier numbering H.M.O.P.No.156 of 2022 (Cheyyar). Case: Tr.C.M.P.No.904 of 2024 (with connected C.M.P.No.19806 of 2024), High Court of Judicature at Madras, P.T. Asha J., decided 26.03.2025. Result: transfer petition allowed; H.M.O.P.No.40 of 2024 moved from Vandavasi to Chengelpet; no costs; connected petition closed.

What did the court decide?

H.M.O.P.No.40 of 2024 withdrawn from the file of the Sub Court, Vandavasi and transferred to the file of the Sub Court at Chengelpet; no costs; consequently, the connected miscellaneous petition (C.M.P.No.19806 of 2024) is closed.

Roja Vs Arun — 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Whether H.M.O.P.No.40 of 2024 pending on the file of the Sub Court at Vandavasi should be withdrawn and transferred to the Principal Sub Court at Chengelpet on grounds of convenience, the petitioner-wife working at Doha with her parents residing at Chengelpet and the respondent-husband likewise working at Doha.

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Court's answer

The court found the transfer justified on considerations of convenience: both parties are in Doha; the petitioner, being a lady, is made to travel to Vandavasi for attending court hearings; it would not be that difficult for the respondent husband to travel to Chengelpet; and the petitioner's home at Chengelpet falls within the jurisdiction of the Court at Chengelpet.

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Ratio / Principle

The Transfer Civil Miscellaneous Petition is allowed: H.M.O.P.No.40 of 2024 is withdrawn from the file of the Sub Court, Vandavasi and transferred to the file of the Sub Court at Chengelpet.

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Detailed headnote1 paragraphs

High Court of Judicature at Madras (P.T. Asha, J.) allowed a wife's Transfer Civil Miscellaneous Petition under Section 24 of the Code of Civil Procedure and ordered that H.M.O.P.No.40 of 2024 (a divorce proceeding originally instituted as H.M.O.P.No.156 of 2022 before the Sub Court, Cheyyar, later shifted to the Sub Court, Vandavasi for administrative reasons) be withdrawn from the file of the Sub Court, Vandavasi and transferred to the Sub Court at Chengelpet. The court was influenced by the fact that both spouses work at Doha, that the petitioner-wife was required to undertake travel to Vandavasi for hearings, that attendance at Chengelpet would cause no comparable difficulty to the respondent-husband, and that the petitioner's home at Chengelpet lies within the jurisdiction of the Chengelpet court. No costs were awarded and the connected miscellaneous petition (C.M.P.No.19806 of 2024) was closed.

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Tr.Cmp.No.904 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated : 26.03.2025

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CORAM

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THE HON'BLE MS.JUSTICE P.T.ASHA

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Tr.C.M.P.No.904 of 2024 C.M.P.No.19806 of 2024

Roja ...Petitioner

Vs.

Arun ...Respondent

PRAYER : : Transfer Civil Miscellaneous Petition filed under 24 of Code of Civil Procedure, pleased to withdraw H.M.O.P.No.40 of 2024 on the file of the Sub Court at Vandavasi and transfer the same to the Principal Sub Court at Chengelpet.

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For Petitioner : Mr.M.Stalin

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For Respondent : Mr.M.Sathyamoorthy

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ORDER

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The above application has been filed by the respondent wife in a proceeding for divorce pending on the file of the Sub Court, Vandavasi to the file of the Sub Court, Chengelpet.

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

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Tr.Cmp.No.904 of 2024

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2.The petitioner would submit that originally H.M.O.P. was pending on the file of the Cheyyar as H.M.O.P.No.156 of 2022 and thereafter for administrative reasons, the same has been transferred to the Sub Court, Vandavasi and renumbered as H.M.O.P.No.40 of 2024. It is a case of the petitioner that she is working at Doha and if she has to attend the Court at Vandavasi she would have to travel to Chennai and from Chennai she would have to travel to Vandavasi via Chengelpet, which would be a very tedious and an expensive travel. She would submit that her parents are residing at Chengelpet and the respondent husband is also working at Doha and therefore it would not be inconvenience for him, if the matter is transferred to the Sub Court at Chengelpet.

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3.Heard the learned counsels on either side and perused the records.

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4.Though the learned counsel for the respondent husband had opposed the

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said transfer, however, considering the fact that both parties are in Doha and the petitioner being a lady is made to travel to Vandavasi for attending the Court hearing. It would, however, not be that difficult for the respondent husband to

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

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Tr.Cmp.No.904 of 2024

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travel to Chengelpet and also taking into account the fact that the petitioner's home is at Chengelpet which falls within the jurisdiction of the Court at Chengelpet, the Transfer Civil Miscellaneous Petition is allowed and H.M.O.P.No.40 of 2024 is withdrawn from the file of the Sub Court, Vandavasi and transferred to the file of the Sub Court at Chengelpet. No costs. Consequently, connected miscellaneous petition is closed.

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26.03.2025

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Index : Yes/No Internet : Yes/No Speaking Order/Non Speaking Order

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