Wife sought transfer of husband's restitution of conjugal rights petition from Family Court, Tiruchirappalli to Sub Court, Sirkali, citing 320 km travel distance and her residence with parents at Tharangambadi. Respondent did not appear. Court held wife's convenience is predominant in matrimonial transfer petitions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Tr.CMP.(MD)No.149 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 07.04.2025
CORAM
THE HON'BLE MR JUSTICE P. VADAMALAI
Tr.CMP.(MD)No.149 of 2025 and C.M.P.(MD)No.3656 of 2025
C.Lakshmi Priya
.. Petitioner
Vs.
S.Adithiyan
.. 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.56 of 2025 on the file of the District Family Court, Tiruchirappalli and transfer the same to the file of the Sub Court, Sirkali.
For Petitioner : Mr.S.Deenadhayalan
For Respondent : No Appearance
ORDER
The present Transfer Civil Miscellaneous Petition has been filed to
withdraw the proceeding in H.M.O.P.No.56 of 2025 on the file of the Family Court, Tiruchirappalli and transfer the same to the file of the Sub Court, Sirkali.
Page No 1 of 5
Tr.CMP.(MD)No.149 of 2025
marriage between the petitioner and the respondent was solemnized on 30.08.2024 at Tiruchirappalli as per the Hindu Rites and Customs. Out of wedlock, no child was born.
Page No 2 of 5
Tr.CMP.(MD)No.149 of 2025
is filed in matrimonial disputes, the convenience of the wife should be predominantly looked into and the wife’s convenience shall be given preference.
Page No 3 of 5
Tr.CMP.(MD)No.149 of 2025
to the file of the Sub Court, Sirkali 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, Sub Court, Sirkali is directed to take the case on file and dispose of the same as expeditiously as possible in accordance with law.
07.04.2025
Index:Yes/No Speaking Order :Yes/No Neutral Citation:Yes/No mkn
Page No 4 of 5
Tr.CMP.(MD)No.149 of 2025
P. VADAMALAI, J.
mkn
To
Tr.CMP.(MD)No.149 of 2025 and C.M.P.(MD)No.3656 of 2025
07.04.2025
Page No 5 of 5
1 issue framed by the court
Whether H.M.O.P.No.56 of 2025 pending before the Family Court, Tiruchirappalli should be transferred to the Sub Court, Sirkali in view of the wife's convenience.
1 provisions across 1 enactments
C.Lakshmi Priya
S.Adithiyan
P. Vadamalai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
