Allowed¶41

Sathya v. Rajakumar

Madras HC21 Apr 2025TR CMP(MD)/120/2025

Case brief

AI extract

What is this about?

Keywords: transfer petition; Section 24 Code of Civil Procedure; matrimonial dispute; restitution of conjugal rights; H.M.O.P.No.8 of 2025; convenience of wife; 550 kms travel distance; Sub Court Nagapattinam; Sub Court Manamadurai; III Additional Sub Court Madurai; Sivagangai; life threat objection; Tr.CMP.(MD)No.120 of 2025; connected C.M.P.(MD)No.2838 of 2025 closed; no costs. Relevant to practitioners assessing inter-court transfer of matrimonial proceedings on grounds of the wife's convenience and child's schooling.

What did the court decide?

H.M.O.P.No.8 of 2025 ordered to be withdrawn from the Sub Court, Nagapattinam and transferred to the file of the III Additional Sub Court, Madurai; records to be transmitted within three weeks; connected C.M.P.(MD)No.2838 of 2025 closed; no costs. ¶41

Sathya Vs Rajakumar — 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Whether H.M.O.P.No.8 of 2025 pending before the Sub Court, Nagapattinam should be withdrawn and transferred to the Sub Court, Manamadurai (or another mutually acceptable forum) in view of the petitioner/wife's convenience. +1 more

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Court's answer

Whenever a 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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Ratio / Principle

Considering the overall facts and circumstances of the case, the convenience of the wife, and the submissions of counsel on both sides, this Court was inclined to allow the transfer petition.

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Key takeaways

The learned Judge, Sub Court, Nagapattinam was directed to transmit the entire records of H.M.O.P.No.8 of 2025 to the file of the III Additional Sub Court, Madurai within three weeks of receipt of a copy of the order; on receipt, the III Additional Sub Court, Madurai is to take the case on file and dispose of it expeditiously in accordance with law.ratio¶37
This Transfer Civil Miscellaneous Petition stands allowed, with no costs, and the connected Civil Miscellaneous Petition (C.M.P.(MD)No.2838 of 2025) is closed.ratio¶41

Detailed headnote1 paragraphs

Madras High Court (Madurai Bench) — P. Vadamalai, J. — 21.04.2025 — Tr.CMP.(MD)No.120 of 2025 & C.M.P.(MD)No.2838 of 2025. Filed under Section 24 of the Code of Civil Procedure by the wife (Sathya) to withdraw H.M.O.P.No.8 of 2025 — the husband's (Rajakumar) petition for restitution of conjugal rights pending before the Sub Court, Nagapattinam — and transfer it to the Sub Court, Manamadurai. Counsel submitted that the wife resides with her twelve-and-a-half-year-old son (Tharun Raj, born 03.10.2012; marriage 13.09.2008) at Sivagangai District where the child studies, with around 550 kms to and fro to Nagapattinam. The husband objected, pleading a feared life threat at Manamadurai and suggesting any court between Nagapattinam and Manamadurai; the wife's side then suggested any Sub Court at Madurai, to which the respondent's counsel raised no objection. Holding that in matrimonial disputes the wife's convenience should be predominantly looked into and given preference, the Court allowed the petition and directed the Sub Court, Nagapattinam to transmit the entire records to the III Additional Sub Court, Madurai within three weeks, that court to take the case on file and dispose of it expeditiously in accordance with law. Connected C.M.P.(MD)No.2838 of 2025 closed. No costs.

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Tr.CMP.(MD)No.120 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 21.04.2025

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CORAM

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THE HON'BLE MR JUSTICE P. VADAMALAI

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Tr.CMP.(MD)No.120 of 2025 and C.M.P.(MD)No.2838 of 2025

Sathya

.. Petitioner

Vs.

Rajakumar

.. 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.8 of 2025 on the file of the Sub Court, Nagapattinam and transfer the same to the file of the Sub Court, Manamadurai.

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For Petitioner : Mr.V.Karthick Raja

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For Respondent : Mr.K.Rajeshwaran

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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.8 of 2025 on the file of the Sub Court, Nagapattinam and transfer the same to the file of the Sub Court, Manamadurai.

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Page No 1 of 6

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

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Tr.CMP.(MD)No.120 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 13.09.2008 at Santhana Mariyamman Temple, Kariyapattinam, Vedaranyam, Nagapattinam District as per the Hindu Rites and Customs. Out of wedlock, a male child, named Tharun Raj, was born on 03.10.2012.

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Due to disputes and differences, the parties have separated, and the

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respondent/husband has initiated the proceeding in H.M.O.P.No.8 of 2025 on the file of the Sub Court, Nagapattinam seeking restitution of conjugal rights.

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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 residing with her child in her parental home at Sivagangai District, and her child is studying 7^th standard in a school, namely Arulmigu Thandeeswarar Matriculation School, at Sivagangai District. The distance between the petitioner's place of residence and Nagapattinam is around 550

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

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Tr.CMP.(MD)No.120 of 2025

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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 twelve and a half year old child. Hence, she seeks transfer of proceeding in H.M.O.P.No.8 of 2025 from the file of the Sub Court, Nagapattinam to the file of the Sub Court, Manamadurai.

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The learned counsel for the respondent has filed counter affidavit by raising strong objection to allow this petition. Further, he submits that if the proceeding in H.M.O.P.No.8 of 2025 is transferred to the file of the Sub Court at Manamadurai, the respondent/husband would have to face a life threat there from the family members of the petitioner/wife. Hence, he requests this Court that the proceeding in H.M.O.P.No.8 of 2025 may be transferred from the file of the Sub Court, Nagapattinam to the file of any Court between Nagapattinam and Manamadurai.

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In reply, the learned counsel for the petitioner submits that no such threat is there for the respondent/husband at Manamadurai. Further, he requests this Court that instead of Sub Court at Manamadurai, the proceeding in H.M.O.P.No.8 of 2025 may be transferred to the file of any of the Sub Court at Madurai, where the presence of either party is necessary

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Page No 3 of 6

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

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Tr.CMP.(MD)No.120 of 2025

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only for indispensable hearings, for which the learned counsel for the respondent has not raised any objection.

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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 submissions made by the learned counsel appearing on either side, this Court is inclined to allow this petition.

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The learned Judge, Sub Court, Nagapattinam is directed to transmit the entire records pertaining to the case, in H.M.O.P.No.8 of 2025, to the file of the III Additional Sub Court, Madurai 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, III Additional Sub Court, Madurai 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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https://www.mhc.tn.gov.in/judis

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Tr.CMP.(MD)No.120 of 2025

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