Allowed

Vijayalakshmi @ Sindhuja v. R.Siranjeevikumar @ Gowtham

Madras HC2 Jul 2025TR CMP(MD)/322/2025

Case brief

AI extract

What is this about?

Wife sought transfer of husband's restitution of conjugal rights petition from Family Court, Madurai to Family Court, Tiruppur, where her divorce and maintenance cases were pending. Relying on the wife's-convenience principle under Section 24 CPC and noting the 197 km travel distance, the court allowed the transfer.

What did the court decide?

H.M.O.P.No.386 of 2025 transferred from Family Court, Madurai to Family Court, Tiruppur to be tried along with H.M.O.P.No.316 of 2024 and M.C.No.100 of 2024; no costs.

Vijayalakshmi @ Sindhuja Vs R.Siranjeevikumar @ Gowtham — Matrimonial and Divorce | Madras HC (2025)

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Tr.CMP.(MD)No.322 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 02.07.2025

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CORAM

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THE HON'BLE MR JUSTICE K.K. RAMAKRISHNAN Tr.CMP.(MD)No.322 of 2025 and C.M.P.(MD)No.8615 of 2025

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Vijayalakshmi @ Sindhuja .. Petitioner

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Vs.

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R.Siranjeevikumar @ Gowtham .. Respondent

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Prayer : Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw H.M.O.P.No.386 of 2025 on the file of Family Court, Madurai and transfer the same to the Family Court, Tiruppur to be tried along with the H.M.O.P.No.316 of 2024 and M.C.No.

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100 of 2024 on the file of the Family Court, Tiruppur.

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For Petitioner : Mr.C.Ramesh 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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Tr.CMP.(MD)No.322 of 2025

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ORDER

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The present Transfer Civil Miscellaneous Petition has been filed to withdraw H.M.O.P.No.386 of 2025 on the file of Family Court, Madurai and transfer the same to the Family Court, Tiruppur to be tried along with the H.M.O.P.No.316 of 2024 and M.C.No.100 of 2024 on the file of the Family Court, Tiruppur.

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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 on04.06.2021 at Subramania Swamy Temple, Thirupparankundram, as per the Hindu Rites and Customs. Due the wedlock they have a female child.

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Due to some matrimonial discord, the parties have separated. Therefore, the petitioner/wife initiated a proceeding in H.M.O.P.No.316 of 2024 for divorce, on the file of the Family Court, Tiruppur. She has also filed M.C.O.P.No.100 of 2024, seeking maintenance from the respondent. After that the respondent/husband initiated the proceeding in H.M.O.P.No. 386 of 2025 on the file of the Family Court, Madurai, seeking restitution of

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

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Tr.CMP.(MD)No.322 of 2025

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conjugal rights.

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The learned counsel appearing for the petitioner/wife submits that his client is living in Karattankadu, Tiruppur along with her minor child and she was taken care of by her parents. The distance between the petitioner's residence to Madurai, is around 197 Kms, and being a lady, she finds it difficult to travel such a long distance for attending every Court hearing. She has also filed H.M.O.P.No.316 of 2024 and M.C.No.100 of 2024 on the file of the Family Court, Tiruppur. Hence, she seeks transfer of proceeding in H.M.O.P.No.386 of 2025 from the file of the Family Court, Madurai to the file of the Family Court, Tiruppur.

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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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Page 3 of 7

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

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Tr.CMP.(MD)No.322 of 2025

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In the case of N.C.V.Aishwarya Vs. A.S.Saravana Karthik Sha 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 Page 4 of 7

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

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Tr.CMP.(MD)No.322 of 2025

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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 five hours journey to reach the Family Court, Madurai, situated 197 kms away from her Domicile, namely, Karattankadu, Tiruppur, 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. 386 of 2025, to the file of the learned District Judge, Family Court, Tiruppur, 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, Tiruppur, is directed to take the case on file, try the same along with H.M.O.P.No.316 of 2024 and M.C.No.100 of 2024, already pending on his file, filed by the wife and dispose of all the cases as

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Tr.CMP.(MD)No.322 of 2025

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expeditiously as possible in accordance with law.

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Accordingly, this Transfer Civil Miscellaneous Petition stands

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allowed. There shall be no order as to costs. Consequently, the connected Civil Miscellaneous Petition is closed.

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02.07.2025

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

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1.The District Judge, Family Court, Madurai.

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2.The District Judge, Family Court, Tiruppur.

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Page 6 of 7

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

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Tr.CMP.(MD)No.322 of 2025

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K.K. RAMAKRISHNAN, J.

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Tr.CMP.(MD)No.322 of 2025 and C.M.P.(MD)No.8615 of 2025

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02.07.2025

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Page 7 of 7

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

Vijayalakshmi @ Sindhuja v. R.Siranjeevikumar @ Gowtham

Case brief

What is this about?

What did the court decide?

Vijayalakshmi @ Sindhuja v. R.Siranjeevikumar @ Gowtham

Case brief

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What did the court decide?

What the court decided

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