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Buvaneswari v. Manikandan

Madras HC25 Apr 2025TR CMP(MD)/212/2025

Case brief

AI extract

What is this about?

Keywords: transfer petition; Tr.CMP.(MD); Section 24 CPC; matrimonial dispute; wife's convenience; DVC proceedings; domestic violence case; Aravakurichi; Vedasandur; Oddanchatram; Karur; Dindigul; transmission of records; expeditious disposal; Madras High Court Madurai Bench; P. Vadamalai; 25.04.2025.

What did the court decide?

D.V.C.No.1 of 2025 transferred from the District Munsif cum Judicial Magistrate, Aravakurichi to the Additional District Munsif cum Judicial Magistrate, Vedasandur, with directions to transmit records within three weeks and dispose of the case expeditiously; no costs awarded. ¶40

Buvaneswari Vs Manikandan — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the proceeding in D.V.C.No.1 of 2025 pending before the District Munsif cum Judicial Magistrate, Aravakurichi should be withdrawn from that Court and transferred (originally sought to the Judicial Magistrate, Oddanchatram) in view of the convenience of the wife-petitioner.

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Court's answer

In transfer petitions arising out of matrimonial disputes, the convenience of the wife should be predominantly looked into and given preference.

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Ratio / Principle

Taking into account the overall facts, the convenience of the wife, and the petitioners' counsel having raised no objection to Vedasandur, the Court was inclined to allow the transfer petition.

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Key takeaways

The District Munsif cum Judicial Magistrate, Aravakurichi was directed to transmit the entire records of D.V.C.No.1 of 2025 to the Additional District Munsif cum Judicial Magistrate, Vedasandur within three weeks, and on receipt the latter Court was directed to take the case on file and dispose of it expeditiously in accordance with law.ratio¶35

Detailed headnote1 paragraphs

Transfer Civil Miscellaneous Petition under Section 24 of the Code of Civil Procedure filed by the wife (with her minor daughter as co-petitioner) seeking withdrawal of D.V.C.No.1 of 2025 from the file of the District Munsif cum Judicial Magistrate, Aravakurichi (about 50 km from her residence at Idayakottai, Oddanchatram Taluk, Dindigul District) and its transfer to the Judicial Magistrate, Oddanchatram. The Court held that in matrimonial transfer petitions the convenience of the wife should be predominantly looked into and given preference. Since the petitioners' counsel did not object to Vedasandur, the petition was allowed: D.V.C.No.1 of 2025 was transferred to the Additional District Munsif cum Judicial Magistrate, Vedasandur, with directions to transmit the entire records within three weeks and dispose of the matter expeditiously. No costs. Decided on 25.04.2025 by P. Vadamalai, J., Madurai Bench of Madras High Court.

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Tr.CMP.(MD)No.212 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 25.04.2025

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CORAM

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THE HON'BLE MR JUSTICE P. VADAMALAI

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Tr.CMP.(MD)No.212 of 2025

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1.Buvaneswari

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2.Minor. Yashini Represented by her natural guardian/ Mother Buvaneswari/the 1^st petitioner herein .. Petitioners

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Vs.

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1.Manikandan

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2.Pommuraj

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3.Janaki .. Respondents

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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 D.V.C.No.1 of 2025 on the file of the District Munsif cum Judicial Magistrate, Aravakurichi and transfer the same to the file of the Judicial Magistrate, Oddanchatram.

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For Petitioners : Mr.K.Arunraj

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For Respondents : Mr.G.Gomathi Sankar

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Page No 1 of 6

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

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Tr.CMP.(MD)No.212 of 2025

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ORDER

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The present Transfer Civil Miscellaneous Petition has been filed to withdraw the proceeding in D.V.C.No.1 of 2025 on the file of the District Munsif cum Judicial Magistrate, Aravakurichi and transfer the same to the file of the Judicial Magistrate, Oddanchatram.

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The 1^st petitioner is the wife and the 1^st respondent is the husband.

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The marriage between both the parties was solemnized on 10.09.2021 at Karur District as per the Hindu Rites and Customs. Out of wedlock, a female child, named Yashini, was born and has been arrayed as the 2^nd petitioner herein.

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Due to disputes and differences, the parties have separated, and the 1^st petitioner/wife has initiated the proceeding in D.V.C.No.1 of 2025 on the file of the District Munsif cum Judicial Magistrate, Aravakurichi seeking protection, maintenance and return of properties.

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Heard the learned counsel for the petitioners and the learned counsel for the respondents.

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Page No 2 of 6

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

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Tr.CMP.(MD)No.212 of 2025

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The learned counsel for the petitioners submits that the petitioner/wife is residing with her child at Idayakottai, Oddanchatram Taluk, Dindigul District under the care of her parents. The distance between the petitioner's place of residence and Aravakurichi is around 50 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 along with the two and a half year old child. Hence, she seeks transfer of proceeding in D.V.C.No.1 of 2025 from the file of the District Munsif cum Judicial Magistrate, Aravakurichi to the file of the Judicial Magistrate, Oddanchatram.

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The learned counsel for the respondents submits that instead of Judicial Magistrate at Oddanchatram, the proceeding in D.V.C.No.1 of 2025 may be transferred from the file of the District Munsif cum Judicial Magistrate, Aravakurichi to the file of any other Court between Aravakurichi and Oddanchatram, preferably Judicial Magistrate Court at Vedasandur, for which the learned counsel for the petitioners has also acceded to.

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Page No 3 of 6

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

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Tr.CMP.(MD)No.212 of 2025

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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 considering the convenience of the wife, and also considering the fact that the learned counsel for the petitioners has not raised any objection for the transfer of proceeding in D.V.C.No.1 of 2025 from the file of the District Munsif cum Judicial Magistrate at Aravakurichi to the file of the Judicial Magistrate Court at Vedasandur, this Court is inclined to allow this petition.

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The learned Judge, District Munsif cum Judicial Magistrate, Aravakurichi is directed to transmit the entire records pertaining to the case, in D.V.C.No.1 of 2025, to the file of the Additional District Munsif cum Judicial Magistrate, Vedasandur 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, Additional District Munsif cum Judicial Magistrate, Vedasandur 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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Page No 4 of 6

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

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Tr.CMP.(MD)No.212 of 2025

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