Allowed¶44

Sujithra v. Ajithkumar

Madras HC7 Jul 2025TR CMP(MD)/304/2025

Case brief

AI extract

What is this about?

Madras High Court, Madurai Bench; Tr.CMP.(MD)No.304 of 2025; K.K. Ramakrishnan, J.; decided 07.07.2025; transfer of matrimonial case under Section 24 CPC; wife's convenience principle; H.M.O.P.No.191 of 2025 divorce case moved from Family Court, Madurai to Subordinate Judge, Udumalaipet, Thiruppur District; reliance on N.C.V.Aishwarya Vs. A.S.Saravana Karthik Sha, 2022 Live Law (SC) 627; notice to respondent deemed served (returned unclaimed); connected petition C.M.P.(MD)No.7463 of 2025 closed.

What did the court decide?

Transfer of H.M.O.P.No. 191 of 2025 from the Family Court, Madurai to the file of the learned Subordinate Judge, Udumalaipet, Thiruppur District (records to move within four weeks); no order as to costs; connected C.M.P.(MD)No.7463 of 2025 closed. ¶44

Sujithra Vs Ajithkumar — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the divorce proceeding H.M.O.P.No.191 of 2025 pending before the Family Court, Madurai should be transferred to the file of the learned Subordinate Judge, Udumalaipet, Thiruppur District, having regard to the convenience of the petitioner/wife.

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Court's answer

Whenever a transfer petition is filed in 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 petitioner's inconvenience in attending every hearing by travelling a three-hour journey to the Family Court, Madurai, situated 132 kms from her domicile at Madathukulam, Thiruppur District, the court inclined to allow the transfer petition.

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Key takeaways

The learned District Judge, Family Court, Madurai is directed to transfer the entire records in H.M.O.P.No. 191 of 2025 to the file of the learned Subordinate Judge, Udumalaipet, Thiruppur District within four weeks; on receipt, the Subordinate Judge to take the case on file and dispose of it expeditiously in accordance with law.ratio¶39

Detailed headnote1 paragraphs

Transfer Civil Miscellaneous Petition under Section 24 CPC by the wife (Sujithra) seeking withdrawal of the divorce proceeding H.M.O.P.No.191 of 2025 from the Family Court, Madurai and its transfer to the Subordinate Judge, Udumalaipet, Thiruppur District. Relying on N.C.V.Aishwarya Vs. A.S.Saravana Karthik Sha (2022 Live Law (SC) 627), the court held that in matrimonial transfer petitions the wife's convenience must be predominantly considered. Noting the petitioner resides at Madathukulam, about 132 kms (three-hour journey) from Madurai, and that her domestic violence cases are pending in Thiruppur District, the petition was allowed; records directed to be transferred within four weeks; no costs; connected C.M.P.(MD)No.7463 of 2025 closed.

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Tr.CMP.(MD)No.304 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 07.07.2025

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CORAM

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THE HON'BLE MR JUSTICE K.K. RAMAKRISHNAN Tr.CMP.(MD)No.304 of 2025 and C.M.P.(MD)No.7463 of 2025

Sujithra

.. Petitioner

Vs.

Ajithkumar .. Respondent

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Prayer : Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the case on the file of the learned Family Judge, Madurai, in H.M.O.P.No.191 of 2025 and transfer the same

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to the file of learned Subordinate Judge, Udumalaipet, Thiruppur District.

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For Petitioner : Mr.J.Yogeswaran For Respondent : No Appearance Court Notice - Unclaimed

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Page 1 of 7

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

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Tr.CMP.(MD)No.304 of 2025

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ORDER

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The present Transfer Civil Miscellaneous Petition has been filed to withdraw the case on the file of the learned Family Judge, Madurai, in H.M.O.P.No.191 of 2025 and transfer the same to the file of learned Subordinate Judge, Udumalaipet, Thiruppur 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 26.11.2020 as per the Hindu Rites and Customs at Arulmighu Subramania Swamy Temple, Thiruparankundram, 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. 191 of 2025, on the file of the Family Court, Madurai, seeking divorce. Before that the petitioner/wife filed domestic violence complaint in M.C.No.10 of 2024 and D.V.C.No.7 of 2024 before the learned District Munsif cum Judicial Magistrate, Madathukulam, Thiruppur District.

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Page 2 of 7

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

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Tr.CMP.(MD)No.304 of 2025

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The learned counsel appearing for the petitioner/wife submits that his client is living in Madathukulam, Thiruppur District and she was taken care of by her parents. The distance between the petitioner's residence to Madurai, is around 132 Kms, and being a lady, she finds it difficult to travel such a long distance for attending every Court hearing. Moreover the domestic violence case filed by the wife is also pending in Thiruppur District. Hence, she seeks transfer of proceeding in H.M.O.P.No.191 of 2025 from the file of the Family Court, Madurai to the file of the Sub Court, Udumalaipet, Thiruppur District.

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Even though notice was sent to the respondent, it was returned

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as 'unclaimed'. Hence, it was deemed to be served and his name was also printed in the cause list.

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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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Page 3 of 7

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

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Tr.CMP.(MD)No.304 of 2025

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reported in

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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 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 Page 4 of 7

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

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Tr.CMP.(MD)No.304 of 2025

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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 Family Court, Madurai, situated 132 kms away from her Domicile, namely, Madathukulam, Thiruppur District, incurring huge expense, this court inclines to allow the petition.

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The learned District Judge, Family Court, Madurai, is hereby directed to transfer the entire records pertaining to the case, in H.M.O.P.No. 191 of 2025, to the file of the learned Subordinate Judge, Udumalaipet, Thiruppur 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 Subordinate Judge, Udumalaipet, Thiruppur 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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