Allowed

M.Santhiya alias Vanasundari v. S.Dilip Chandran

Madras HC8 Apr 2025TR CMP(MD)/181/2025

Case brief

AI extract

What is this about?

Transfer petition filed under Section 24 CPC seeking transfer of divorce proceedings from Family Court, Thoothukudi to Sub Court, Ambasamudram due to the petitioner-wife's residence and travel difficulty. Court allowed the petition, directing transfer of records to be disposed of expeditiously, prioritizing the wife's convenience.

What did the court decide?

Transfer of H.M.O.P. No.413 of 2024 from Family Court, Thoothukudi to Sub Court, Ambasamudram.

M.Santhiya alias Vanasundari Vs S.Dilip Chandran — Matrimonial and Divorce | Madras HC (2025)

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Tr.CMP.(MD)No.181 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 08.04.2025

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CORAM

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THE HON'BLE MR JUSTICE P. VADAMALAI

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Tr.CMP.(MD)No.181 of 2025 and C.M.P.(MD)No.4686 of 2025

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M.Santhiya @ Vanasundari

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.. Petitioner

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Vs.

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S.Dilip Chandran .. 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.413 of 2024 on the file of the Family Court, Thoothukudi and transfer the same to the file of the Sub Court, Ambasamudram.

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For Petitioner : Mr.T.Ganesaperumal

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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.413 of 2024 on the file of the Family Court, Thoothukudi and transfer the same to the file of the Sub Court, Ambasamudram.

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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.181 of 2025

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The petitioner is the wife and the respondent is the husband. The

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marriage between the petitioner and the respondent was solemnized on 27.08.2017 at KSPS Marriage Hall, Thoothukudi as per the Hindu Rites and Customs.

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Due to disputes and differences, the parties have separated, and the petitioner/wife has initiated a proceeding in D.V.C.No.15 of 2023 on the file of the Judicial Magistrate, Ambasamudram. The respondent/husband has initiated the proceeding in H.M.O.P.No.413 of 2024 on the file of the Family Court, Thoothukudi seeking dissolution of marriage.

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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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The learned counsel for the petitioner submits that the petitioner/wife is now residing at Vickramasingapuram, Tirunelveli District

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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.181 of 2025

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under the care of her parents. The distance between Vickramasingapuram and Thoothukudi is around 200 Kms to and fro, and the petitioner/wife,

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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.413 of 2024 from the file of the Family Court, Thoothukudi to the file of the Sub Court, Ambasamudram.

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It is well settled proposition of law that whenever 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 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, Family Court, Thoothukudi is directed to transmit the entire records pertaining to the case in H.M.O.P.No.413 of 2024 to the file of the Sub Court, Ambasamudram within a period of three weeks from the date of receipt of a copy of this order, and on receipt of such

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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.181 of 2025

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records, the learned Judge, Sub Court, Ambasamudram 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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Accordingly, this Transfer Civil Miscellaneous Petition stands allowed. No costs. Consequently, the connected Civil Miscellaneous Petition is closed.

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08.04.2025

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Index:Yes/No Speaking Order :Yes/No Neutral Citation:Yes/No mkn

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Page No 4 of 5

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

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Tr.CMP.(MD)No.181 of 2025

P. VADAMALAI, J.

mkn

1.The Family Court, Thoothukudi.

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2.The Sub Court, Ambasamudram.

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Tr.CMP.(MD)No.181 of 2025 and C.M.P.(MD)No.4686 of 2025

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08.04.2025

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Page No 5 of 5

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

M.Santhiya alias Vanasundari v. S.Dilip Chandran

Case brief

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What did the court decide?

M.Santhiya alias Vanasundari v. S.Dilip Chandran

Case brief

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What did the court decide?

What the court decided

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