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V.Preetha v. R.Sasikumar

Madras HC20 Mar 2025TR CMP(MD)/109/2025

Case brief

AI extract

What is this about?

Madras High Court, Madurai Bench; Tr.CMP.(MD)No.109 of 2025 & C.M.P.(MD)No.2656 of 2025; Justice P. Vadamalai; decided 20.03.2025; transfer of matrimonial proceeding H.M.O.P.No.525 of 2024 (restitution of conjugal rights, Family Court Theni) to Family Court Tiruchirappalli; Section 24 Code of Civil Procedure; wife's convenience paramount in matrimonial transfer petitions; 360 Kms travel distance; wife residing with seven-year-old child; respondent non-appearance; records transmission within three weeks.

What did the court decide?

Transfer of H.M.O.P.No.525 of 2024 from the file of the Family Court, Theni to the file of the Family Court, Tiruchirappalli; no costs awarded; connected Civil Miscellaneous Petition (C.M.P.(MD)No.2656 of 2025) closed. ¶36

V.Preetha Vs R.Sasikumar — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the proceeding in H.M.O.P.No.525 of 2024 pending on the file of the Family Court, Theni should be transferred to the file of the Family Court, Tiruchirappalli, taking into account the convenience of the petitioner/wife who resides at Kottapattu, Tiruchirappalli District with her child.

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Court's answer

In transfer petitions arising out of matrimonial disputes, the convenience of the wife should be predominantly looked into and the wife's convenience shall be given preference.

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Ratio / Principle

Considering the facts and circumstances and the convenience of the wife, the Court allowed the transfer petition and directed the Family Court, Theni to transmit the entire records of H.M.O.P.No.525 of 2024 to the Family Court, Tiruchirappalli within three weeks, upon receipt of which the Family Court, Tiruchirappalli was directed to take the case on file and dispose of it expeditiously in accordance with law.

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Detailed headnote1 paragraphs

Transfer Civil Miscellaneous Petition under Section 24 of the Code of Civil Procedure by the wife seeking withdrawal of H.M.O.P.No.525 of 2024 (restitution of conjugal rights initiated by the husband) from the Family Court, Theni to the Family Court, Tiruchirappalli. The petitioner resides at Kottapattu, Tiruchirappalli District with her seven-year-old daughter; the distance between Tiruchirappalli and Theni is around 360 Kms to and fro, making travel for every hearing difficult for her. Held: it is well settled that in transfer petitions in matrimonial disputes the convenience of the wife should be predominantly looked into and given preference. The respondent, though named in the cause list, did not enter appearance. Petition allowed; the Family Court, Theni directed to transmit the entire records to the Family Court, Tiruchirappalli within three weeks of receipt of the order copy; on receipt, the Family Court, Tiruchirappalli directed to take the case on file and dispose of it expeditiously in accordance with law. No costs; connected Civil Miscellaneous Petition closed.

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Tr.CMP.(MD)No.109 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 20.03.2025

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CORAM

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THE HON'BLE MR JUSTICE P. VADAMALAI

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Tr.CMP.(MD)No.109 of 2025 and C.M.P.(MD)No.2656 of 2025

V.Preetha

.. Petitioner

Vs.

R.Sasikumar

.. 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.525 of 2024 on the file of the Family Court, Theni and transfer the same to the file of the Family Court, Tiruchirappalli.

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For Petitioner : Mr.R.Sundar

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For Respondent : No Appearance

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ORDER

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The present Transfer Civil Miscellaneous Petition has been filed to

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withdraw the proceeding in H.M.O.P.No.525 of 2024 on the file of the Family Court, Theni and transfer the same to the file of the Family Court, Tiruchirappalli.

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Page No 1 of 5

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

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Tr.CMP.(MD)No.109 of 2025

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The petitioner is the wife and the respondent is the husband. The marriage between the petitioner and the respondent was solemnized on 05.09.2016 at Sri Mahal Thirumana Mandapam, Theni District as per the Hindu Rites and Customs. Out of wedlock, a female child, named Menitha, was born on 02.02.2018.

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Due to disputes and differences, the parties have separated, and the respondent/husband has initiated the proceeding in H.M.O.P.No.525 of 2024 on the file of the Family Court, Theni seeking restitution of conjugal rights.

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The name of the respondent has been printed in the cause list. Despite the name has been printed in the cause list, the respondent/husband has neither entered appearance through a counsel nor in-person to oppose this transfer petition.

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Heard the learned counsel appearing for the petitioner.

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The learned counsel for the petitioner would submit that the petitioner/wife is now residing with her child at Kottapattu, Tiruchirappalli

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Page No 2 of 5

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

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Tr.CMP.(MD)No.109 of 2025

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District. The distance between Tiruchirappalli and Theni is around 360 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 seven year old child. Hence, she seeks transfer of proceeding in H.M.O.P.No.525 of 2024 from the file of the Family Court, Theni to the file of the Family Court, Tiruchirappalli.

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It is well settled proposition of law that whenever 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.

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

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The learned Judge, Family Court, Theni is directed to transmit the entire records pertaining to the case in H.M.O.P.No.525 of 2024 to the file of the Family Court, Tiruchirappalli within a period of three weeks from the date of receipt of a copy of this order, and on receipt of such records, the Page No 3 of 5

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

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Tr.CMP.(MD)No.109 of 2025

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learned Judge, Family Court, Tiruchirappalli is directed to take the case on file and dispose of the same as expeditiously as possible in accordance with law.

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