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Sangeetha v. Muniyandi

Madras HC23 Jun 2025TR CMP(MD)/282/2025

Case brief

AI extract

What is this about?

Tr.CMP.(MD)No.282 of 2025; transfer petition; Section 24 Code of Civil Procedure; wife's convenience; matrimonial dispute; H.M.O.P.No.23 of 2025; divorce; Sub Court Mudukulathur; Ramanathapuram District; Family Court Madurai; N.C.V.Aishwarya v. A.S.Saravana Karthik Sha; 2022 Live Law (SC) 627; K.K. Ramakrishnan; 23.06.2025; Madurai Bench Madras High Court; respondent no appearance; transfer of records within four weeks; no costs.

What did the court decide?

Transfer of H.M.O.P.No.23 of 2025 from the Subordinate Judge/Sub Court, Mudukulathur, Ramanathapuram District to the District Judge, Family Court, Madurai; no order as to costs; connected Civil Miscellaneous Petition (C.M.P.(MD)No.7321 of 2025) closed. ¶45

Sangeetha Vs Muniyandi — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the divorce proceedings in H.M.O.P.No.23 of 2025 pending before the Sub Court, Mudukulathur, Ramanathapuram District should be withdrawn from that court and transferred to the Family Court, Madurai, in view of the petitioner-wife's inconvenience in travelling about 120 km for every hearing.

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Court's answer

In matrimonial disputes, whenever a transfer petition is filed, the convenience of the wife must be predominantly looked into and given preference; the court adopts the principle laid down by the Supreme Court in N.C.V.Aishwarya v. A.S.Saravana Karthik Sha (2022 Live Law (SC) 627).

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Ratio / Principle

On the facts, taking into account the inconvenience expressed by the petitioner in attending every court hearing by a three-hour journey to the Sub Court, Mudukulathur, situated 120 kms from her domicile at Villapuram, Madurai District, and the huge expense involved, the court inclined to allow the transfer petition.

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Key takeaways

The learned Subordinate Judge, Mudukulathur, Ramanathapuram District is directed to transfer the entire records of H.M.O.P.No.23 of 2025 to the file of the learned District Judge, Family Court, Madurai within four weeks, and on receipt of the records the Family Court, Madurai is to take the case on file and dispose of it expeditiously in accordance with law.ratio¶44

Detailed headnote1 paragraphs

Transfer Civil Miscellaneous Petition under Section 24 CPC by the wife (M.Sangeetha) allowed by the Madurai Bench of the Madras High Court (K.K. Ramakrishnan, J., 23.06.2025): the husband's divorce proceeding H.M.O.P.No.23 of 2025 pending before the Subordinate Judge, Mudukulathur, Ramanathapuram District — about 120 kms / three hours' travel from the wife's domicile at Villapuram, Madurai District — is transferred to the District Judge, Family Court, Madurai. Relying on N.C.V.Aishwarya v. A.S.Saravana Karthik Sha, 2022 Live Law (SC) 627, the court held that in matrimonial matters the wife's convenience must be predominantly looked into and given preference. Records to be transferred within four weeks; disposal to be expedited; no order as to costs; connected C.M.P.(MD)No.7321 of 2025 closed. The respondent did not appear despite service of notice.

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Tr.CMP.(MD)No.282 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 23.06.2025

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CORAM

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THE HON'BLE MR JUSTICE K.K. RAMAKRISHNAN Tr.CMP.(MD)No.282 of 2025 and C.M.P.(MD)No.7321 of 2025

M.Sangeetha

.. Petitioner

Vs.

R.Muniyandi .. Respondent

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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.23 of 2025 on the file of the learned Subordinate Judge, Mudukulathur, Ramanathapuram District and transfer the same to the learned Family Court, Madurai.

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For Petitioner : Mr.S.S.Sundarapandian For Respondent : No Appearance

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ORDER

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The present Transfer Civil Miscellaneous Petition has been filed

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to withdraw the proceedings in H.M.O.P.No.23 of 2025 on the file of Sub Court, Mudukulathur, Ramanathapuram District and transfer the same to the

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learned Family Court, Madurai.

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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 22.05.2018 as per the Hindu Rites and Customs at Annai Mahal, Kamarajarpuram, Madurai.

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Due to some matrimonial discord, the parties have separated. Therefore, the respondent/husband initiated the proceeding in H.M.O.P.No. 23 of 2025, on the file of the Subordinate Court, Mudukulathur, Ramanathapuram District, seeking divorce.

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The learned counsel appearing for the petitioner/wife submits

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that his client is living in Kamarasapuram, Madurai District and she was taken care of by her parents. The distance between the petitioner's residence to Mudukulathur, is around 120 Kms, and being a lady, she finds it difficult to travel such a long distance for attending every Court hearing. Hence, she seeks transfer of proceeding in H.M.O.P.No.23 of 2025 from the file of the

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Sub Court, Mudukulathur, Ramanathapuram District, to the file of the Family Court, Madurai.

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

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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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Considering the overall facts and circumstances of the case and also taking into account of the inconvenience expressed by the petitioner in attending every court hearing, by travelling three hours journey to reach the Sub Court, Mudukulathur, Ramanathapuram District, situated 120 kms away from her Domicile, namely, Villapuram, Madurai District, incurring

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huge expense, this court inclines to allow the petition.

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The learned Subordinate Judge, Mudukulathur,

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Ramanathapuram District, is hereby directed to transfer the entire records pertaining to the case, in H.M.O.P.No.23 of 2025, to the file of the learned District Judge, Family Court, Madurai, 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, Madurai, 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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Accordingly, this Transfer Civil Miscellaneous Petition stands allowed. There shall be no order as to costs. Consequently, the connected Civil Miscellaneous Petition is closed.

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23.06.2025 Index :Yes/No Speaking Order :Yes/No Neutral Citation :Yes/No TM

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1.The Subordinate Judge, Mudukulathur, Ramanathapuram District.

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