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Rajakumari v. Selvakumar

Madras HC18 Mar 2025TR CMP(MD)/119/2025

Case brief

AI extract

What is this about?

Tr.CMP.(MD)No.119 of 2025; Madras High Court, Madurai Bench; Justice P. Vadamalai; decision dated 18.03.2025; transfer of divorce case H.M.O.P.No.103 of 2024 from Sub Court, Valliyoor to Sub Court, Tambaram under Section 24 CPC; convenience of wife predominant in matrimonial transfer petitions; petitioner-wife residing at Chennai; respondent-husband absent, no appearance; records to be transmitted within three weeks; speedy disposal directed; connected C.M.P.(MD)No.2833 of 2025 closed.

What did the court decide?

H.M.O.P.No.103 of 2024 transferred from the file of the Sub Court, Valliyoor to the file of the Sub Court, Tambaram; records to be transmitted within three weeks; expeditious disposal directed; no costs; connected C.M.P.(MD)No.2833 of 2025 closed. ¶36

Rajakumari Vs Selvakumar — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the divorce proceeding H.M.O.P.No.103 of 2024 pending before the Sub Court, Valliyoor should be withdrawn and transferred to the file of the Sub Court, Tambaram, given that the petitioner/wife resides near Chennai and faces difficulty travelling around 1000 Kms to and fro for hearings.

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Court's answer

In matrimonial disputes, when a transfer petition is filed, the convenience of the wife should be predominantly looked into and given preference.

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Ratio / Principle

Considering the overall facts and circumstances and the convenience of the wife, the Court was inclined to allow the transfer petition.

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Key takeaways

The learned Judge, Sub Court, Valliyoor is directed to transmit the entire records in H.M.O.P.No.103 of 2024 to the file of the Sub Court, Tambaram within three weeks from receipt of a copy of the order.ratio¶32
On receipt of the records, the Judge, Sub Court, Tambaram is directed to take the case on file and dispose of it as expeditiously as possible in accordance with law.ratio¶35

Detailed headnote1 paragraphs

Transfer petition under Section 24 CPC allowed by the Madurai Bench of the Madras High Court (P. Vadamalai, J.). Petitioner/wife residing at Selliyamman Nagar, Sanitoriam, Chennai found it difficult to travel around 1000 Kms to and fro to Valliyoor to attend the divorce proceeding H.M.O.P.No.103 of 2024 instituted by her husband before the Sub Court, Valliyoor. Affirming the settled position that in matrimonial transfer petitions the wife's convenience shall be given predominant weight, the Court withdrew the proceeding from Valliyoor and transferred it to the file of the Sub Court, Tambaram, directing transmission of records within three weeks and expeditious disposal thereafter. The respondent/husband, though printed in the cause list, entered no appearance. Connected C.M.P.(MD)No.2833 of 2025 closed; no costs.

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Tr.CMP.(MD)No.119 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 18.03.2025

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CORAM

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THE HON'BLE MR JUSTICE P. VADAMALAI

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Tr.CMP.(MD)No.119 of 2025 and C.M.P.(MD)No.2833 of 2025

Rajakumari

.. Petitioner

Vs.

Selvakumar

.. 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.103 of 2024 on the file of the Sub Court, Valliyoor and transfer the same to the file of the Sub Court, Tambaram.

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For Petitioner : Mr.T.Leninkumar

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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 withdraw the proceeding in H.M.O.P.No.103 of 2024 on the file of the Sub Court, Valliyoor and transfer the same to the file of the Sub Court, Tambaram.

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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.119 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 09.06.1989 at Tirunelveli District as per the Hindu Rites and Customs. Out of wedlock, a male child, named Suresh, and a female child, named Santhiya, were born and are aged about 33 and 29 years respectively.

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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.103 of 2024 on the file of the Sub Court, Valliyoor seeking divorce.

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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

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petitioner/wife is now residing at Selliyamman Nagar, Sanitoriam, Chennai.

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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.119 of 2025

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The distance between the petitioner's place of residence and Valliyoor is around 1000 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. Hence, she seeks transfer of proceeding in H.M.O.P.No.103 of 2024 from the file of the Sub Court, Valliyoor to the file of the Sub Court, Tambaram.

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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 also considering the convenience of the wife, this Court is inclined to allow this petition.

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The learned Judge, Sub Court, Valliyoor is directed to transmit the entire records pertaining to the case, in H.M.O.P.No.103 of 2024, to the file of the Sub Court, Tambaram 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 Page No 3 of 5

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

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Tr.CMP.(MD)No.119 of 2025

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Judge, Sub Court, Tambaram 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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