Allowed¶35

K.Ramalakshmi @ Nandhini v. N.Rengaraj @ Tenzing

Madras HC12 Jun 2025TR CMP(MD)/256/2025

Case brief

AI extract

What is this about?

Wife's convenience; transfer of matrimonial suit under S.24 CPC; H.M.O.P.No.115 of 2023 moved from Principal Sub Court, Dindigul to Family Court, Theni; 85 km distance; DVC pending at Aundipatti; N.C.V.Aishwarya v. A.S.Saravana Karthik Sha (2022 Live Law (SC) 627) relied on; petition allowed; Tr.CMP.(MD)No.256 of 2025.

What did the court decide?

Transfer Civil Miscellaneous Petition allowed: H.M.O.P.No.115 of 2023 withdrawn from the Principal Sub Court, Dindigul and transferred to the Family Court, Theni, Theni District, with records to move within four weeks; no order as to costs; connected C.M.P.(MD)No.6700 of 2025 closed. ¶35

K.Ramalakshmi @ Nandhini Vs N.Rengaraj @ Tenzing — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether H.M.O.P.No.115 of 2023, pending on the file of the Principal Sub Court, Dindigul, should be withdrawn and transferred to the Family Court, Theni, Theni District, having regard to the convenience of the petitioner/wife.

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Court's answer

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

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Ratio / Principle

On the facts, the petitioner's residence at Aundipatti being 85 kms from the Principal Sub Court, Dindigul, involving a 2-hour journey and huge expense for every hearing, justified allowing the transfer petition.

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Key takeaways

The learned Principal Subordinate Judge, Dindigul, was directed to transfer the entire records in H.M.O.P.No.115 of 2023 to the learned District Judge, Family Court, Theni, within four weeks from receipt of a copy of the order.ratio¶34
On receipt of the records, the learned District Judge, Family Court, Theni, is to take the case on file and dispose of it as expeditiously as possible in accordance with law.ratio¶34

Detailed headnote1 paragraphs

Transfer Civil Miscellaneous Petition under Sections 24 and 151 of the Code of Civil Procedure by the wife (K.Ramalakshmi @ Nandhini) seeking withdrawal of her husband's divorce suit, H.M.O.P.No.115 of 2023, from the Principal Sub Court, Dindigul, and its transfer to the Family Court, Theni, Theni District. The wife resides at Aundipatti, Theni District, about 85 Kms from Dindigul, and had also filed a DVC case before the Judicial Magistrate, Aundipatti; the husband, though served, did not appear. Relying on N.C.V.Aishwarya Vs. A.S.Saravana Karthik Sha, 2022 Live Law (SC) 627, wherein the Supreme Court held that in matrimonial transfer matters it is ordinarily the wife's convenience which must be looked at, and restating that the wife's convenience shall be given preference, the Madras High Court (Madurai Bench) allowed the petition, directing transfer of the entire records within four weeks and expeditious disposal by the transferee court. No costs; connected miscellaneous petition closed.

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 12.06.2025

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CORAM

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THE HON'BLE MR JUSTICE K.K. RAMAKRISHNAN Tr.CMP.(MD)No.256 of 2025 and C.M.P.(MD)No.6700 of 2025

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K.Ramalakshmi @ Nandhini .. Petitioner

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Vs.

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N.Rengaraja @ Tenzing .. Respondent Prayer : Transfer Civil Miscellaneous Petition is filed under Section 24 and Section 151 of the Code of Civil Procedure, to withdraw the case in H.M.O.P.No.115 of 2023 on the file of the learned Principal Sub Court, Dindigul and transfer the same to the file of the Family Court, Theni, Theni District for disposal on merits in accordance with law.

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For Petitioner : Mr.T.Wins For Respondent : No Appearance

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Page 1 of 7

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

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ORDER

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The present Transfer Civil Miscellaneous Petition has been filed to withdraw the suit in H.M.O.P.No.115 of 2023 on the file of the learned Principal Sub Court, Dindigul and transfer the same to the file of the Family Court, Theni, Theni District.

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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 28.05.2021 at Kodairoad Krishna Mahal, Dindigul, as per the Hindu Rites and Customs, which was registered on 01.06.2022 at the Registrar's Office in Thoothukudi.

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Due to some matrimonial discord, the parties have separated.

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Therefore, the respondent/husband initiated a proceeding in H.M.O.P.No. 115 of 2023, on the file of the Principal Sub Court, Dindigul, Dindigul District, for dissolution of the marriage.

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The learned counsel appearing for the petitioner/wife submits

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Page 2 of 7

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

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that his client is living in Aundipatti, Theni District and she was taken care of by her parents. The distance between the petitioner's residence to Dindigul, is around 85 Kms, and being a lady, she finds it difficult to travel such a long distance for attending every Court hearing. She has also filed DVC case before the learned Judicial Magistrate, Aundipatti. Hence, she seeks transfer of proceeding in H.M.O.P.No.115 of 2023 from the file of the Principal Sub Court, Dindigul, Dindigul District, to the file of the Family Court, Theni, Theni District.

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Even though notice was served upon the respondent, he did not

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chose to appear before this Court either in person or through Counsel.

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

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In the case of N.C.V.Aishwarya Vs. A.S.Saravana Karthik Sha

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reported in 2022 Live Law (SC) 627 , the Hon'ble Supreme Court has dealt with the position generally, that it is the wife's convenience, which must be

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Page 3 of 7

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

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looked into while considering the transfer petition under Section 24 of the Code of Civil Procedure and the relevant passage is extracted hereunder :

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“ The cardinal principle for exercise of power under Section 24 of the Code of Civil Procedure is that the ends of justice should demand the transfer of the suit, appeal or other proceeding. In matrimonial matters, wherever Courts are called upon to consider the plea of transfer, the Courts have to take into consideration the economic soundness of both the parties, the social strata of the spouses and their behavioural pattern, their standard of life prior to the marriage and subsequent thereto and the circumstances of both the parties in eking out their livelihood and under whose protective umbrella they are seeking their sustenance to life. Given the prevailing socioeconomic paradigm in the Indian society, generally, it is the wife's convenience which must be looked at while considering transfer.", the bench observed. ”

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It is also well settled proposition of law that whenever a 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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Page 4 of 7

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

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Considering the overall facts and circumstances of the case and

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also taking into account of the inconvenience expressed by the petitioner in attending every court hearing, by travelling 2 hours journey to reach the Principal Sub Court, Dindigul, Dindigul District, situated 85 kms away from her Domicile, namely, Aundipatti, Theni District, incurring huge expense, this court inclines to allow the petition.

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The learned Principal Subordinate Judge, Dindigul, Dindigul District, is hereby directed to transfer the entire records pertaining to the case, in H.M.O.P.No.115 of 2023, to the file of the learned District Judge, Family Court, Theni, Theni District District, within a period of four weeks from the date of receipt of a copy of this order, and on receipt of such records, the learned District Judge, Family Court, Theni, Theni District District, is directed to take the case on file and dispose of the case as expeditiously as possible in accordance with law.

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