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Priyanka Baskaran v. Revanth Harikrishna

Madras HC6 Mar 2025TR CMP(MD)/8/2025

Case brief

AI extract

What is this about?

Wife's convenience transfer petition S.24 CPC; H.M.O.P.No.94 of 2024 restitution of conjugal rights transferred from Sub Court, Palladam to III Additional Sub Court, Madurai; 165 Kms distance; infant child; matrimonial dispute; petition allowed, no costs; Justice P. Vadamalai; Madurai Bench of Madras High Court; decided 06.03.2025.

What did the court decide?

H.M.O.P.No.94 of 2024 transferred from the file of the Sub Court, Palladam to the file of the III Additional Sub Court, Madurai; Sub Court, Palladam to transmit the entire records within three weeks; transferee court to take the case on file and dispose of it expeditiously in accordance with law; no costs; connected C.M.P.(MD)No.139 of 2025 closed. ¶37

Priyanka Baskaran Vs Revanth Harikrishna — 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Whether the proceeding in H.M.O.P.No.94 of 2024 pending on the file of the Sub Court, Palladam should be withdrawn and transferred to the file of the Sub Court, Madurai (operative order directing transfer to the III Additional Sub Court, Madurai) in view of the convenience of the petitioner/wife.

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Court's answer

In matrimonial disputes, whenever a transfer petition is filed, the convenience of the wife should be predominantly looked into and the wife's convenience shall be given preference.

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Ratio / Principle

Considering the overall facts and circumstances of the case, and the convenience of the wife (residing at Arasaradi, Madurai District, about 165 Kms from Palladam, with a one-and-a-half-year-old child), the Court is inclined to allow the transfer petition.

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Key takeaways

The learned Judge, Sub Court, Palladam is directed to transmit the entire records in H.M.O.P.No.94 of 2024 to the file of the III Additional Sub Court, Madurai within three weeks; on receipt, the III Additional Sub Court, Madurai is to take the case on file and dispose of it as expeditiously as possible in accordance with law.ratio¶32
The Transfer Civil Miscellaneous Petition stands allowed with no costs, and the connected Civil Miscellaneous Petition (C.M.P.(MD)No.139 of 2025) is closed.ratio¶37

Detailed headnote1 paragraphs

Transfer Civil Miscellaneous Petition under Section 24 of the Code of Civil Procedure filed by the wife (Priyanka Baskaran) seeking withdrawal of H.M.O.P.No.94 of 2024 — a restitution of conjugal rights suit initiated by the husband (Revanth Harikrishna) — from the Sub Court, Palladam to Madurai. The wife resides with her parents at Arasaradi, Madurai District along with the one-and-a-half-year-old male child born of the marriage (solemnized 06.03.2022); the distance to Palladam is around 165 Kms, making attendance at every hearing difficult. Held that in matrimonial transfer petitions the convenience of the wife should be predominantly looked into and given preference. Petition allowed: Sub Court, Palladam directed to transmit the entire records to the III Additional Sub Court, Madurai within three weeks, and the transferee court to take the case on file and dispose of it expeditiously in accordance with law. No costs; connected C.M.P.(MD)No.139 of 2025 closed.

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Tr.CMP.(MD)No.8 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 06.03.2025

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CORAM

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THE HON'BLE MR JUSTICE P. VADAMALAI

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Tr.CMP.(MD)No.8 of 2025 and C.M.P.(MD)No.139 of 2025

Priyanka Baskaran

.. Petitioner

Vs.

Revanth Harikrishna

.. 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.94 of 2024 on the file of the Sub Court, Palladam and transfer the same to the file of the Sub Court, Madurai.

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For Respondent : Mr.K.Rajeshwaran

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ORDER

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The present Transfer Civil Miscellaneous Petition has been filed to

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withdraw the proceeding in H.M.O.P.No.94 of 2024 on the file of the Sub Court, Palladam and transfer the same to the file of the Sub Court, Madurai.

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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.8 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 06.03.2022 at Master Mahal, Madurai District as per the Hindu Rites and Customs. Out of wedlock, a male child, named Suheerthan, was born on 18.05.2023.

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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.94 of 2024 on the file of the Sub Court, Palladam seeking restitution of conjugal rights.

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Heard the learned counsel for the petitioner and the learned

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counsel for the respondent.

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The learned counsel for the petitioner would submit that the petitioner/wife is now residing with her child at Arasaradi, Madurai District under the care of her parents. The distance between the petitioner's place of residence and Palladam is around 165 Kms, and the petitioner/wife, being a lady, finds it very difficult to travel such a long distance for attending every Court hearing along with the one and a half year old child. Hence, she now

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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.8 of 2025

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seeks transfer of proceeding in H.M.O.P.No.94 of 2024 from the file of the Sub Court, Palladam to the file of the III Additional Sub Court, Madurai.

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The learned counsel for the respondent has raised only formal objection to this petition.

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It is well settled proposition of law that whenever the 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 overall 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, Sub Court, Palladam is directed to transmit the entire records pertaining to the case, in H.M.O.P.No.94 of 2024, to the file of the III Additional Sub Court, Madurai 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, III Additional Sub Court, Madurai is directed to

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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.8 of 2025

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take the case on file and dispose of the case as expeditiously as possible in accordance with law.

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