Allowed

K.Jayanthi v. a.Ganesh Babu

Madras HC17 Apr 2025TR CMP(MD)/209/2025

Case brief

AI extract

What is this about?

Wife sought transfer of her husband's divorce petition from the Family Court, Trichy to the Sub Court, Vaniyambadi, citing about 600 km travel difficulty and that related proceedings had already been transferred to her locality. The Court, noting the settled principle preferring the wife's convenience in matrimonial transfer petitions and the respondent's non-appearance, allowed the petition.

What the court decided

AI extract

K.Jayanthi Vs a.Ganesh Babu — Matrimonial and Divorce | Madras HC (2025)

¶1

Tr.CMP.(MD)No.209 of 2025

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

DATED : 17.04.2025

¶4

CORAM

¶5

THE HON'BLE MR JUSTICE P. VADAMALAI

¶6

Tr.CMP.(MD)No.209 of 2025 and C.M.P.(MD)No.5264 of 2025

K.Jayanthi

.. Petitioner

Vs.

A.Ganesh Babu

.. 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.719 of 2024 on the file of the Family Court, Trichy and transfer the same to the file of the Sub Court, Vaniyambadi.

¶13

For Petitioner : Mr.C.Vakeeswaran

¶14

For Respondent : No Appearance

¶15

ORDER

¶16

The present Transfer Civil Miscellaneous Petition has been filed to

¶17

withdraw the proceeding in H.M.O.P.No.719 of 2024 on the file of the Family Court, Trichy and transfer the same to the file of the Sub Court, Vaniyambadi.

¶18

Page No 1 of 6

¶19

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

¶20

Tr.CMP.(MD)No.209 of 2025

¶21

The petitioner is the wife and the respondent is the husband. The marriage between the petitioner and the respondent was solemnized on 21.08.2006 at Sri Barath Mahal, Vaniyambadi, Vellore District as per the Hindu Rites and Customs. Out of wedlock, no child was born.

¶22

Due to disputes and differences, the parties have separated, and the respondent/husband has initiated the proceeding in H.M.O.P.No.719 of 2024 on the file of the Family Court, Trichy seeking divorce.

¶23

On perusal of the records, it is found that the petitioner/wife has initiated a proceeding in D.V.C.No.30 of 2017 on the file of the Additional Mahila Court, Trichy. Later, due to her financial constraint and her difficulty in travelling, she filed a petition in Crl.O.P.(MD)No.16024 of 2019 before this Court seeking transfer of proceeding and the same was allowed on 03.02.2022. Hence, the proceeding in D.V.C.No.30 of 2017 was transferred to the file of the Judicial Magistrate, Additional Mahila Court, Vellore and got re-numbered as D.V.C.No.10 of 2022 and is now pending on the file of the Judicial Magistrate, Additional Mahila Court, Vellore.

¶24

Page No 2 of 6

¶25

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

¶26

Tr.CMP.(MD)No.209 of 2025

¶27

The petitioner/wife has also initiated a proceeding in M.C.No.24 of 2017 on the file of the Family Court, Trichy seeking maintenance. Later, a petition was filed in Crl.O.P.(MD)No.21558 of 2022 before this Court seeking transfer of proceeding and the same was allowed on 20.02.2024. Hence, the proceeding in M.C.No.24 of 2017 was transferred to the file of the Judicial Magistrate, Vaniyambadi and got re-numbered as M.C.No.8 of 2024 and is now pending on the file of the Judicial Magistrate, Vaniyambadi.

¶28

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

¶29

has neither entered appearance through a counsel nor in-person to oppose this transfer petition.

¶30

Heard the learned counsel appearing for the petitioner.

¶31

The learned counsel for the petitioner submits that the

¶32

petitioner/wife is now residing at Vaniyambadi, Tirupathur District, then Vellore District, under the care of her parents. The distance between

¶33

Page No 3 of 6

¶34

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

¶35

Tr.CMP.(MD)No.209 of 2025

¶36

Vaniyambadi and Trichy is around 600 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.719 of 2024 from the file of the Family Court, Trichy to the file of the Sub Court, Vaniyambadi.

¶37

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.

¶38

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.

¶39

The learned Judge, Family Court, Trichy is directed to transmit the entire records pertaining to the case in H.M.O.P.No.719 of 2024 to the file of the Sub Court, Vaniyambadi 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, Vaniyambadi is directed to take the case on file Page No 4 of 6

¶40

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

¶41

Tr.CMP.(MD)No.209 of 2025

¶42

law.

¶43

and dispose of the same as expeditiously as possible in accordance with law.

¶44

Accordingly, this Transfer Civil Miscellaneous Petition stands allowed. No costs. Consequently, the connected Civil Miscellaneous Petition is closed.

¶45

17.04.2025

¶46

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

¶47

Page No 5 of 6

¶48

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

¶49

Tr.CMP.(MD)No.209 of 2025

P. VADAMALAI, J.

mkn

1.The Family Court, Trichy.

¶54

2.The Sub Court, Vaniyambadi.

¶55

Tr.CMP.(MD)No.209 of 2025 and C.M.P.(MD)No.5264 of 2025

¶56

17.04.2025

¶57

Page No 6 of 6

¶58

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

K.Jayanthi v. a.Ganesh Babu

Case brief

What is this about?

What the court decided

K.Jayanthi v. a.Ganesh Babu

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Priyanka Vs Ramrajan

Baskaselvan Vs Amalajothi

Initha priya Vs N.Alexandar

Krishna Priya Vs S. Vigneshwaran

D.Saraswathi Vs S.Chinnadurai

A.S.Ramesh, Vs Dr.S.Nagalingam