Allowed¶36

Bhuvaneswari alias Muthuselvi v. Vignesh

Madras HC1 Apr 2025TR CMP(MD)/102/2025

Case brief

AI extract

What is this about?

Transfer of matrimonial proceeding; Section 24 Code of Civil Procedure; wife's convenience predominant in transfer petitions; H.M.O.P.No.307 of 2024 divorce; Principal Sub Court Kumbakonam to Principal Sub Court Pudukkottai; petitioner resides Keeranur Pudukkottai District with infant child; 260 kms distance; Tr.CMP.(MD)No.102 of 2025; Madurai Bench of Madras High Court; Justice P. Vadamalai; dated 01.04.2025.

What did the court decide?

Transfer Civil Miscellaneous Petition allowed: H.M.O.P.No.307 of 2024 withdrawn from the Principal Sub Court, Kumbakonam and transferred to the Principal Sub Court, Pudukkottai; records to be transmitted within three weeks; Principal Sub Court, Pudukkottai to take the case on file and dispose of it expeditiously; connected C.M.P.(MD)No.2510 of 2025 closed; no costs. ¶36

Bhuvaneswari alias Muthuselvi Vs Vignesh — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶36

Issue for consideration

Whether the divorce proceeding H.M.O.P.No.307 of 2024 pending before the Principal Sub Court, Kumbakonam should be transferred to the Principal Sub Court, Pudukkottai, in view of the petitioner-wife's residence at Keeranur, Pudukkottai District with her three-and-a-half-month-old child and the approximately 260 km round-trip distance to Kumbakonam (respondent having alternatively suggested transfer to the Family Court, Thanjavur).

¶23

Court's answer

In transfer petitions arising out of matrimonial disputes, the convenience of the wife is the predominant consideration and shall be given preference.

¶29

Ratio / Principle

Considering the overall facts and circumstances, and the convenience of the wife, the Court allowed the transfer of H.M.O.P.No.307 of 2024 from the Principal Sub Court, Kumbakonam to the Principal Sub Court, Pudukkottai (declining the respondent's suggestion of the Family Court, Thanjavur).

¶30

Key takeaways

Operative directions: the Principal Sub Court, Kumbakonam is to transmit the entire records of H.M.O.P.No.307 of 2024 to the Principal Sub Court, Pudukkottai within three weeks of receipt of a copy of the order; on receipt, the Principal Sub Court, Pudukkottai is to take the case on file and dispose of it expeditiously in accordance with law.ratio¶35

Detailed headnote1 paragraphs

Madras High Court (Madurai Bench), P. Vadamalai, J.: Allowed a wife's transfer petition under Section 24 CPC seeking withdrawal of her husband's divorce petition, H.M.O.P.No.307 of 2024, from the Principal Sub Court, Kumbakonam to the Principal Sub Court, Pudukkottai. The petitioner resided at Keeranur, Pudukkottai District with her parents and her three-and-a-half-month-old son (born 04.12.2024 of the 17.09.2023 marriage), and Kumbakonam was about 260 kms to and fro. Holding that in matrimonial transfer petitions the wife's convenience is the predominant consideration, the Court ordered transmission of the entire records within three weeks, directed the Principal Sub Court, Pudukkottai to take the case on file and dispose of it expeditiously, closed the connected C.M.P.(MD)No.2510 of 2025, and made no award of costs.

¶1

Tr.CMP.(MD)No.102 of 2025

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

DATED : 01.04.2025

¶4

CORAM

¶5

THE HON'BLE MR JUSTICE P. VADAMALAI

¶6

Tr.CMP.(MD)No.102 of 2025 and C.M.P.(MD)No.2510 of 2025

¶7

Bhuvaneswari @ Muthuselvi

.. Petitioner

Vs.

Vignesh

.. Respondent

Prayer : Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the proceeding in H.M.O.P. No.307 of 2024 on the file of the Principal Sub Court, Kumbakonam and transfer the same to the file of the Principal Sub Court, Pudukkottai.

¶13

For Petitioner : Mr.D.Rameshkumar

¶14

For Respondent : Mr.R.Karunanidhi

¶15

ORDER

¶16

The present Transfer Civil Miscellaneous Petition has been filed to withdraw the proceeding in H.M.O.P.No.307 of 2024 on the file of the Principal Sub Court, Kumbakonam and transfer the same to the file of the Principal Sub Court, Pudukkottai.

¶17

Page No 1 of 5

¶18

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

¶19

Tr.CMP.(MD)No.102 of 2025

¶20

The petitioner is the wife and the respondent is the husband. The marriage between the petitioner and the respondent was solemnized on 17.09.2023 at MRV Mahal, Kumbakonam as per the Hindu Rites and Customs. Out of wedlock, a male child was born on 04.12.2024.

¶21

Due to disputes and differences, the parties have separated, and the respondent/husband has initiated the proceeding in H.M.O.P.No.307 of 2024 on the file of the Principal Sub Court, Kumbakonam seeking divorce.

¶22

Heard the learned counsel for the petitioner and the learned counsel for the respondent.

¶23

The learned counsel for the petitioner submits that the petitioner/wife is residing with her child at Keeranur, Pudukkottai District under the care of her parents. The distance between the petitioner's place of residence and Kumbakonam is around 260 Kms to and fro, and the petitioner/wife, being a lady, finds it very difficult to travel such a long distance for attending every Court hearing along with the three and a half month old child. Hence, she seeks transfer of proceeding in H.M.O.P.

¶24

Page No 2 of 5

¶25

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

¶26

Tr.CMP.(MD)No.102 of 2025

¶27

No.307 of 2024 from the file of the Principal Sub Court, Kumbakonam to the file of the Principal Sub Court, Pudukkottai.

¶28

The learned counsel for the respondent has raised strong objection to allow this petition. Further, he requests this Court that the proceeding in H.M.O.P.No.307 of 2024 may be transferred from the file of the Principal Sub Court at Kumbakonam to the file of Family Court at Thanjavur.

¶29

It is well settled proposition of law that whenever the transfer petition is filed in matrimonial disputes, the convenience of the wife should be predominantly looked into, and the wife’s convenience shall be given preference.

¶30

Considering the overall facts and circumstances of the case, and also considering the convenience of the wife, this Court is inclined to allow this petition.

¶31

The learned Judge, Principal Sub Court, Kumbakonam is directed to transmit the entire records pertaining to the case, in H.M.O.P.No.307 of 2024, to the file of the Principal Sub Court, Pudukkottai within a period of

¶32

Page No 3 of 5

¶33

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

¶34

Tr.CMP.(MD)No.102 of 2025

¶35

three weeks from the date of receipt of a copy of this order, and on receipt of such records, the learned Judge, Principal Sub Court, Pudukkottai is directed to take the case on file and dispose of the same as expeditiously as possible in accordance with law.

¶36