Dismissed¶27

Sarojini v. Rameshkumar

Transfer Petition – Section 24, Code of Civil Procedure

Madras HC27 Jun 2025TR CMP(MD)/232/2025

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Case brief

AI extract

What is this about?

Tr.CMP.(MD)No.232 of 2025, Madurai Bench of Madras High Court, 27.06.2025, K.K.RAMAKRISHNAN, J. - Transfer petition under Section 24 CPC by wife in divorce case (H.M.O.P.No.19 of 2020, cruelty) from Sub Court, Aranthangi to Family Court, Madurai; wife's inconvenience (approx. 180 Kms travel) versus final stage of trial after 5 years pendency; petition dismissed with time-bound direction of two months to trial court; no costs; connected CMP closed.

What did the court decide?

No relief to the petitioner; transfer to Family Court, Madurai refused. Trial court directed to dispose of H.M.O.P.No.19 of 2020 within two months; no order as to costs; connected C.M.P.(MD)No.5940 of 2025 closed. ¶27

Sarojini Vs Rameshkumar — 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Whether the proceeding in H.M.O.P.No.19 of 2020 pending on the file of the Sub Court, Aranthangi should be withdrawn and transferred to the file of the Family Court, Madurai under Section 24 of the Code of Civil Procedure. +1 more

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Court's answer

The Transfer Civil Miscellaneous Petition is dismissed; the learned Sub Judge, Sub Court, Aranthangi, is directed to dispose of H.M.O.P.No.19 of 2020 within a period of 2 months from the date of receipt of a copy of the order; there shall be no order as to costs; and the connected Civil Miscellaneous Petition is closed.

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Ratio / Principle

Although this Court normally takes into account the inconvenience of the wife, since the case is in the final stage of enquiry and has been pending for the past 5 years, in the peculiar circumstances the transfer petition is dismissed, with a direction to the learned trial Judge to complete the proceedings within two months.

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Detailed headnote1 paragraphs

Transfer Petition - Section 24, Code of Civil Procedure - Wife/petitioner sought withdrawal of H.M.O.P.No.19 of 2020 (divorce on ground of cruelty) from the Sub Court, Aranthangi to the Family Court, Madurai, pleading that she now resides at Madurai with her female child and that the roughly 180 Kms distance makes attendance at every hearing difficult. Held, dismissing the petition: the Court normally takes into account the inconvenience of the wife, but the trial had commenced, P.W.1 and P.W.2 stood cross-examined, the matter was at the final stage of enquiry and had been pending for the past 5 years; in these peculiar circumstances transfer was refused, with a direction to the learned Sub Judge, Sub Court, Aranthangi, to dispose of H.M.O.P.No.19 of 2020 within two months from receipt of a copy of the order. No order as to costs; connected C.M.P.(MD)No.5940 of 2025 closed.

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THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 27.06.2025

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CORAM

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THE HON'BLE MR JUSTICE K.K.RAMAKRISHNAN

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Tr.CMP.(MD)No.232 of 2025 and C.M.P.(MD)No.5940 of 2025

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Sarojni .. Petitioner/Respondent Vs. Rameshkumar .. Respondent/Petitioner

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Prayer : Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the proceedings in H.M.O.P. No.19 of 2020 on the file of the Sub Court, Aranthangi and transfer the same to the file of the Family Court, Madurai.

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For Petitioner : Mr.M.Sridharan

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For Respondent: Mr.M.Suresh

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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.19 of 2020 on the file of the Sub Court, Aranthangi, and transfer the same to the file of the Family Court, Madurai.

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Page 1 of 5

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

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

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The marriage between the petitioner and the respondent was solemnized on 27.04.2018 at T.N.S, Thevar, Thirumana Mahal, Aranthangi, Pudukottai District, as per the Hindu Rites and Customs and they have a female child.

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Due to disputes and differences, the parties have separated, and

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the petitioner/wife has initiated the proceeding in H.M.O.P.No.19 of 2020 before the Sub Court, Aranthangi, Pudukottai District, seeking divorce on the ground of cruelty.

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The learned counsel for the petitioner would submit that after separation, the petitioner/wife got a job at Madurai and hence, now, she is residing at Madurai District along with her child. The distance between Madurai and Aranthangi, is around 180 Kms, 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 to allow this petition as prayed for.

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Page 2 of 5

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

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The respondent/husband filed counter stating that the trial was commenced in H.M.O.P.No.19 of 2020. P.W.1 and P.W.2 were cross-examined and the case was posted for further evidence on the side of the respondent and he also denied the averments stated in the petition.

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Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent and also perused the materials available on records.

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From the perusal of the counter affidavit, this Court finds that P.W.1 and P.W.2 were cross-examined and the case was posted for further evidence. At this stage, present petition has been filed by expressing some inconvenience. This Court normally takes into account the inconvenience of the wife. Now, the case is in the final stage of enquiry, which has been pending for the past 5 years. In the above peculiar circumstances of the case, this Court is inclined to dismiss the petition with a direction to the learned trial Judge to complete the proceedings within two months.

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Page 3 of 5

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

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Accordingly, this Transfer Civil Miscellaneous Petition is

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dismissed and the learned Sub Judge, Sub Court, Aranthangi, is directed to dispose the case in H.M.O.P.No.19 of 2020 within a period of 2 months from the date of receipt of a copy of this order. There shall be no order as to costs. Consequently, the connected Civil Miscellaneous Petition is closed.

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27.06.2025

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

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The Sub Court, Aranthangi.

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Page 4 of 5

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

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