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A.Infee Sherly v. a.S.Aswin Kumar

Madras HC27 Mar 2025TR CMP(MD)/150/2025

Case brief

AI extract

What is this about?

Keywords: transfer petition; matrimonial dispute; convenience of wife; Section 24 Code of Civil Procedure; H.M.O.P.No.4797 of 2024; divorce; Family Court Chennai to Trichy; M.C.No.48 of 2024 maintenance; Chief Judicial Magistrate Trichy; Christian marriage 30.11.2016 Santhome Cathedral Basilica Church Mylapore; Thiruverumbur Taluk Trichy District; 660 Kms distance; three weeks records transmission; respondent ex parte absence; no costs; connected C.M.P.(MD)No.3704 of 2025; Madurai Bench of Madras High Court; Justice P. Vadamalai; decided 27.03.2025.

What did the court decide?

Transfer of H.M.O.P.No.4797 of 2024 from the file of the III Additional Principal Judge, Family Court, Chennai to the file of the Family Court, Trichy; records to be transmitted within three weeks; no costs; connected C.M.P.(MD)No.3704 of 2025 closed. ¶37

A.Infee Sherly Vs a.S.Aswin Kumar — 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in H.M.O.P.No.4797 of 2024 pending on the file of the III Additional Principal Judge, Family Court, Chennai ought to be withdrawn and transferred to the file of the Family Court, Trichy, having regard to the convenience of the petitioner-wife who resides at Thiruverumbur Taluk, Trichy District, about 660 Kms from Chennai.

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Court's answer

It is well settled that in transfer petitions filed in matrimonial disputes the convenience of the wife should be predominantly looked into and her convenience shall be given preference.

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Ratio / Principle

The III Additional Principal Judge, Family Court, Chennai was directed to transmit the entire records of H.M.O.P.No.4797 of 2024 to the Family Court, Trichy within three weeks from receipt of a copy of the order.

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Key takeaways

On receipt of the transmitted records, the Family Court, Trichy is directed to take H.M.O.P.No.4797 of 2024 on its file and dispose of the same as expeditiously as possible in accordance with law.ratio¶36

Detailed headnote1 paragraphs

Transfer of matrimonial proceeding under Section 24 CPC — wife's convenience is the predominant consideration in transfer petitions arising out of matrimonial disputes — Tr.CMP.(MD)No.150 of 2025 allowed: H.MOP.No.4797 of 2024 (divorce petition filed by husband) withdrawn from the III Additional Principal Judge, Family Court, Chennai and transferred to the Family Court, Trichy. Petitioner-wife resides with her parents at Thiruverumbur Taluk, Trichy District; round-trip distance to Chennai is around 660 Kms, making attendance difficult for her. Respondent-husband did not appear despite his name appearing in the cause list. Chennai court directed to transmit entire records within three weeks; Trichy court to take the case on file and dispose of it expeditiously in accordance with law. Parallel maintenance case M.C.No.48 of 2024 pending before Chief Judicial Magistrate, Trichy noted. Connected C.M.P.(MD)No.3704 of 2025 closed. No costs.

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Tr.CMP.(MD)No.150 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 27.03.2025

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CORAM

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THE HON'BLE MR JUSTICE P. VADAMALAI

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Tr.CMP.(MD)No.150 of 2025 and C.M.P.(MD)No.3704 of 2025

A.Infee Sherly

.. Petitioner

Vs.

A.S.Aswin Kumar .. 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.4797 of 2024 on the file of the III Additional Principal Judge, Family Court, Chennai and transfer the same to the file of the Family Court, Trichy.

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For Petitioner : Mr.R.Murugaboopathy

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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.4797 of 2024 on the file of the III Additional Principal Judge, Family Court, Chennai and transfer the same to the file of the Family Court, Trichy.

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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.150 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 30.11.2016 at Santhome Cathedral Basilica Church, Mylapore as per the Christian Rites and Customs.

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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.4797 of 2024 on the file of the III Additional Principal Judge, Family Court, Chennai seeking divorce. The petitioner/wife has initiated a proceeding in M.C.No.48 of 2024 on the file of the Chief Judicial Magistrate, Trichy seeking maintenance.

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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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Page No 2 of 5

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

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Tr.CMP.(MD)No.150 of 2025

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The learned counsel for the petitioner submits that the

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petitioner/wife is now residing at Thiruverumbur Taluk, Trichy District under the care of her parents. The distance between Trichy and Chennai is around 660 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.4797 of 2024 from the file of the III Additional Principal Judge, Family Court, Chennai to the file of the Family Court, Trichy.

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It is well settled proposition of law that whenever transfer petition

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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 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, III Additional Principal Judge, Family Court,

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Chennai is directed to transmit the entire records pertaining to the case in

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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.150 of 2025

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H.M.O.P.No.4797 of 2024 to the file of the Family Court, Trichy 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, Trichy 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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