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R.Renukadevi v. K.K.Prakashram

Madras HC12 Dec 2025TR CMP(MD)/132/2024

Case brief

AI extract

What is this about?

Transfer of matrimonial suit; Section 24 CPC transfer petition by wife; Section 19(iii) Hindu Marriage Act; convenience of wife given precedence over husband; H.M.O.P.No.777 of 2023 transferred from Family Court, Madurai to Sub Court, Paramakudi; wife resident of Ramanathapuram; dissolution of marriage; respondent consented/no objection; disposal directed preferably within six months; Tr.C.M.P.(MD)No.132 of 2024; C.M.P.(MD)No.2741 of 2024; Madurai Bench of Madras High Court; Mohammed Shaffiq, J.; decided 12.12.2025.

What did the court decide?

H.M.O.P.No.777 of 2023 ordered to be withdrawn from the file of the Family Court, Madurai and transferred to the file of the Sub Court, Paramakudi; the Sub Court, Paramakudi directed to dispose of the case expeditiously, preferably within six months; no order as to costs; connected C.M.P.(MD)No.2741 of 2024 closed.

R.Renukadevi Vs K.K.Prakashram — Matrimonial and Divorce | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether H.M.O.P.No.777 of 2023 pending before the Family Court, Madurai should be withdrawn and transferred to the file of the Sub Court, Paramakudi on the ground of the convenience of the wife.

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Court's answer

In matters of transfer of matrimonial proceedings, the convenience of the wife must be given superior consideration over that of the husband, consistent with the Parliamentary incorporation of Section 19(iii) of the Hindu Marriage Act permitting a wife to initiate proceedings at the place of her residence.

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Ratio / Principle

Since the distance between Ramanathapuram and Madurai is considerable and it would be difficult for the wife to leave the children behind and travel to attend court, the transfer sought was accepted.

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Detailed headnote1 paragraphs

Transfer Civil Miscellaneous Petition under Section 24 CPC by wife seeking withdrawal of H.M.O.P.No.777 of 2023 (dissolution of marriage) from the Family Court, Madurai to the Sub Court, Paramakudi. Parties married on 18.05.2005 per Hindu rites; two children born; separated due to differences. Wife resides at Ramanathapuram and pleaded inability to travel to Madurai. Respondent raised no objection to the transfer. Held: the incorporation of Section 19(iii) of the Hindu Marriage Act, permitting a wife to initiate proceedings where she resides, indicates that the convenience of the wife must be given precedence; courts have consistently held that in transfer matters the wife's convenience deserves superior consideration over the husband's. Given the considerable distance between Ramanathapuram and Madurai and the difficulty of the wife travelling leaving the children behind, the transfer petition was allowed; Sub Court, Paramakudi directed to dispose of the matter expeditiously, preferably within six months. No order as to costs; connected C.M.P.(MD)No.2741 of 2024 closed.

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Tr.C.M.P.(MD)No.132 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 12.12.2025

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CORAM

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THE HONOURABLE MR JUSTICE MOHAMMED SHAFFIQ

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Tr.C.M.P.(MD)No.132 of 2024 and C.M.P.(MD)No.2741 of 2024

R.Renukadevi

.. Petitioner

Vs.

K.K.Prakashram .. Respondent

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Prayer : Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, to withdraw the proceedings in H.M.O.P.No.777 of 2023 pending on the file of the Family Court, Madurai and transfer the same to the file of the Sub Court, Paramakudi.

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For Petitioner : Mr.D.Packiaraj

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For Respondent : Mr.S.Manoharan

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

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Tr.C.M.P.(MD)No.132 of 2024

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ORDER

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This Transfer Petition is at the instance of wife. She seeks withdrawal of H.M.O.P.No.777 of 2023 from the file of the Family Court, Madurai and transfer the same to the file of Sub Court, Paramakudi.

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Heard Mr.D.Packiaraj, learned counsel for petitioner and Mr.S.Manoharan, learned counsel for respondent.

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Petitioner married the respondent on 18.05.2005, according to Hindu rites and customs. Out of wedlock, two children were born. Due to differences, parties have separated. Respondent/husband initiated proceedings in H.M.O.P.No.777 of 2023 for dissolution of marriage before Family Court, Madurai. Pleading that wife is residing in Ramanathapuram and unable to travel from Ramanathapuram to Madurai, she has moved this transfer petition.

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Mr.S.Manoharan, learned counsel for respondent, on instructions

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from respondent, submitted that respondent has no objection to transfer

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

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Tr.C.M.P.(MD)No.132 of 2024

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HMOP.No.777 of 2023, on the file of Family Court, Madurai to the file of Sub Court, Paramakudi.

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It is relevant to note that Parliament, while amending the Hindu Marriage Act, has incorporated Section 19(iii), permitting a wife to initiate a proceeding in a place where she is residing. This is an indication that convenience of the wife has to be given precedence by the Court. In line with this Parliamentary amendment, this Court and the Supreme Court have consistently held in matters of transfer, convenience of wife should be given a superior consideration than that of husband. As the distance between Ramanathapuram and Madurai is considerable and since it will be difficult for the wife to leave the children behind and travel to attend the Court, I am inclined to accept the transfer.

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In view thereof, HMOP No.777 of 2023 pending on the file of Family Court, Madurai, is hereby ordered to be withdrawn and transferred to the file of Sub Court, Paramakudi. Learned Sub Court, Paramakudi, is directed to dispose of the aforementioned case expeditiously, preferably within a period of six months.

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

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Tr.C.M.P.(MD)No.132 of 2024

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