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J.Maheswari v. M.Loganathparanidaran

Madras HC7 Apr 2025TR CMP(MD)/110/2025

Case brief

AI extract

What is this about?

Transfer of matrimonial proceeding under S.24 CPC; Tr.CMP.(MD)No.110 of 2025; Madras High Court Madurai Bench; Justice P. Vadamalai; decided 07.04.2025; petitioner-wife J.Maheswari; respondent-husband M.Loganathparanidaran; H.M.O.P.No.17 of 2025 moved from Family Court, Madurai to Family Court, Thanjavur; wife's convenience predominant consideration; child L.M.Devadarsh affected with Autism; distance 185 Kms; Trichy alternative rejected by implication; petition allowed, no costs; connected C.M.P.(MD)No.2672 of 2025 closed.

What did the court decide?

Transfer of H.M.O.P.No.17 of 2025 from the file of the Family Court, Madurai to the file of the Family Court, Thanjavur; records to be transmitted within three weeks; no costs; connected C.M.P.(MD)No.2672 of 2025 closed. ¶36

J.Maheswari Vs M.Loganathparanidaran — 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Whether the proceeding in H.M.O.P.No.17 of 2025 should be withdrawn from the file of the Family Court, Madurai and transferred to the file of the Family Court, Thanjavur, having regard predominantly to the convenience of the petitioner/wife.

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Court's answer

In transfer petitions arising in matrimonial disputes, it is well settled that 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 overall facts and circumstances, the convenience of the wife, and the fact that the petitioner/wife has a child affected with autism, the Court was inclined to allow the transfer petition.

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Key takeaways

The Family Court, Madurai was directed to transmit the entire records pertaining to H.M.O.P.No.17 of 2025 to the file of the Family Court, Thanjavur within three weeks of receipt of a copy of the order; on receipt, the Family Court, Thanjavur is directed to take the case on file and dispose of it expeditiously in accordance with law.ratio¶35

Detailed headnote1 paragraphs

Tr.CMP.(MD)No.110 of 2025 (Madurai Bench of Madras High Court, P. Vadamalai J., 07.04.2025): Wife's transfer petition under Section 24 of the Code of Civil Procedure seeking withdrawal of H.M.O.P.No.17 of 2025 (divorce petition filed by the husband) from the Family Court, Madurai to the Family Court, Thanjavur. Background: marriage on 27.05.2018; male child L.M.Devadarsh born 15.06.2019; parties separated; husband instituted divorce proceedings at Madurai. Wife resides at Thanjavur District with the five-and-a-half-year-old child who suffers from Autism; Thanjavur-Madurai distance about 185 Kms. Respondent's counsel suggested transfer to Trichy instead; petitioner's counsel objected (Trichy 65 Kms away). Held: in matrimonial transfer petitions the wife's convenience is predominantly considered and given preference; given her convenience and the child's autism, the petition was allowed. Family Court, Madurai directed to transmit the entire records to Family Court, Thanjavur within three weeks; Family Court, Thanjavur to take the case on file and dispose of it expeditiously. No costs; connected C.M.P.(MD)No.2672 of 2025 closed.

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Tr.CMP.(MD)No.110 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 07.04.2025

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CORAM

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THE HON'BLE MR JUSTICE P. VADAMALAI

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Tr.CMP.(MD)No.110 of 2025 and C.M.P.(MD)No.2672 of 2025

J.Maheswari

.. Petitioner

Vs.

M.Loganathparanidaran

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.. Respondent

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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.17 of 2025 on the file of the Family Court, Madurai and transfer the same to the file of the Family Court, Thanjavur.

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For Petitioner : Mr.R.Kavinprakash

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For Respondent : Mr.S.Mahendrapathy

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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.17 of 2025 on the file of the Family Court, Madurai and transfer the same to the file of the Family Court, Thanjavur.

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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.110 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 27.05.2018 at Green Palace, Pudukottai as per the Hindu Rites and Customs. Out of wedlock, a male child, named L.M.Devadarsh, was born on 15.06.2019.

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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.17 of 2025 on the file of the Family Court, Madurai seeking divorce.

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

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The learned counsel for the petitioner submits that the petitioner/wife is now residing with her child at Thanjavur District under the care of her father, and the said child is suffering with Autism. The distance between Thanjavur and Madurai is around 185 Kms, 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 five and a half year old child. Hence, she seeks transfer of proceeding in H.M.O.P.No.17 of

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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.110 of 2025

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2025 from the file of the Family Court, Madurai to the file of the Family Court, Thanjavur.

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The learned counsel for the respondent submits that for the convenience of both the parties, the proceeding in H.M.O.P.No.17 of 2025 may be transferred from the file of the Family Court at Madurai to the file of any Court at Trichy, for which the learned counsel for the petitioner has raised strong objection submitting that since the petitioner is having a child affected with autism, it would not be convenient for her to travel to Trichy, which is 65 Kms away from her place of residence.

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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.

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Considering the overall facts and circumstances of the case, and considering the convenience of the wife, and also considering the fact that the petitioner/wife is having a child affected with autism, this Court is inclined to allow this petition.

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Page No 3 of 5

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

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Tr.CMP.(MD)No.110 of 2025

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The learned Judge, Family Court, Madurai is directed to transmit the entire records pertaining to the case, in H.M.O.P.No.17 of 2025, to the file of the Family Court, Thanjavur within a period of three weeks from the date of receipt of a copy of this order, and on receipt of such records, the learned Judge, Family Court, Thanjavur 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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