Wife sought transfer of her husband's restitution of conjugal rights petition to Tiruchirappalli, citing travel hardship with a young child. The court, holding the wife's convenience should be preferred in matrimonial transfer petitions and with the husband absent, allowed the transfer.
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.151 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 27.03.2025
CORAM
THE HON'BLE MR JUSTICE P. VADAMALAI
Tr.CMP.(MD)No.151 of 2025 and C.M.P.(MD)No.3794 of 2025
A.Umashankari
.. Petitioner
Vs.
K.Kalanithi
.. 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.244 of 2024 on the file of the Additional Sub Court, Kumbakonam and transfer the same to the file of the Principal Sub Court, Tiruchirappalli.
For Petitioner : M/s.M.Bhuvana Hari Hara Nathan
For Respondent : No Appearance
ORDER
The present Transfer Civil Miscellaneous Petition has been filed to withdraw the proceeding in H.M.O.P.No.244 of 2024 on the file of the Additional Sub Court, Kumbakonam and transfer the same to the file of the Principal Sub Court, Tiruchirappalli.
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Tr.CMP.(MD)No.151 of 2025
marriage between the petitioner and the respondent was solemnized on 20.06.2019 at Sri Appali Koothar Ariyathangam Thirukovil, Ariyalur District as per the Hindu Rites and Customs. Out of wedlock, a female child was born on 14.10.2021.
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Tr.CMP.(MD)No.151 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.
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Tr.CMP.(MD)No.151 of 2025
27.03.2025
Index:Yes/No Speaking Order :Yes/No Neutral Citation:Yes/No mkn
Page No 4 of 5
Tr.CMP.(MD)No.151 of 2025
P. VADAMALAI, J.
mkn
To
Tr.CMP.(MD)No.151 of 2025 and C.M.P.(MD)No.3794 of 2025
27.03.2025
Page No 5 of 5
1 issue framed by the court
Whether H.M.O.P.No.244 of 2024 (restitution of conjugal rights) should be transferred from Additional Sub Court, Kumbakonam to Principal Sub Court, Tiruchirappalli for the wife's convenience?
1 provisions across 1 enactments
A.Umashankari
K.Kalanithi
P. Vadamalai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
