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Vidhya v. a.Rameshraja

Transfer of matrimonial petition – Section 24, Code of Civil Procedure

Madras HC11 Jul 2025TR CMP(MD)/340/2025

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What is this about?

Keywords: transfer petition; Section 24 Code of Civil Procedure; matrimonial dispute; wife's convenience; restitution of conjugal rights; dissolution of marriage; H.M.O.P.No.484 of 2025; H.M.O.P.No.131 of 2025; Family Court Madurai; Family Court Trichy; N.C.V.Aishwarya Vs. A.S.Saravana Karthik Sha (2022 Live Law (SC) 627); respondent ex parte despite service; K.K. Ramakrishnan, J.; Madurai Bench of Madras High Court; decided 11.07.2025; Tr.CMP.(MD)No.340 of 2025.

What did the court decide?

Transfer of H.M.O.P.No.484 of 2025 from the file of the Family Court, Madurai to the file of the Family Court, Trichy, to be tried along with H.M.O.P.No.131 of 2025; records to be transmitted within four weeks; no order as to costs; connected C.M.P.(MD)No.9344 of 2025 closed. ¶41

Vidhya Vs a.Rameshraja — Madras HC (2025) — LawSathi Research

What the court decided

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Outcome

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Issue for consideration

Whether the case in H.M.O.P.No.484 of 2025 pending on the file of the Family Court, Madurai should be withdrawn and transferred to the Family Court, Trichy to be tried along with H.M.O.P.No.131 of 2025, having regard to the convenience of the petitioner/wife under Section 24 of the Code of Civil Procedure.

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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

On the facts, the petitioner/wife residing at K.K.Nagar, Trichy had to travel about 131 kms (a three-hour journey) to attend every hearing at the Family Court, Madurai, incurring huge expense; taking her inconvenience into account, the court inclined to allow the transfer petition.

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Key takeaways

The learned District Judge, Family Court, Madurai, was directed to transfer the entire records in H.M.O.P.No.484 of 2025 to the file of the learned District Judge, Family Court, Trichy within four weeks; on receipt, the Trichy court was directed to take the case on file, try it along with H.M.O.P.No.131 of 2025 already pending there, and dispose of it expeditiously in accordance with law.ratio¶38
The Transfer Civil Miscellaneous Petition stands allowed with no order as to costs, and the connected Civil Miscellaneous Petition is closed.ratio¶41

Detailed headnote1 paragraphs

Transfer of matrimonial petition — Section 24, Code of Civil Procedure — wife's convenience predominant. The Madurai Bench of the Madras High Court allowed the wife's transfer petition seeking withdrawal of her husband's restitution of conjugal rights petition (H.M.O.P.No.484 of 2025) from the Family Court, Madurai to the Family Court, Trichy, to be tried along with her own pending dissolution petition (H.M.O.P.No.131 of 2025). 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 looked into and given preference. The petitioner resided at K.K.Nagar, Trichy, about 131 kms (three hours' journey) from Madurai, and found it difficult and expensive to attend every hearing. Though served, the respondent did not appear. The Family Court, Madurai was directed to transmit the entire records within four weeks; the Family Court, Trichy was directed to try the matter along with H.M.O.P.No.131 of 2025 and dispose of it expeditiously. No order as to costs; connected civil miscellaneous petition closed.

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 11.07.2025

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CORAM

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THE HON'BLE MR JUSTICE K.K. RAMAKRISHNAN Tr.CMP.(MD)No.340 of 2025 and C.M.P.(MD)No.9344 of 2025

Vidhya

.. Petitioner

Vs.

A.Rameshraja .. Respondent

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Prayer : Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw and transfer the case in H.M.O.P.No.484 of 2025 pending on the file of the Family Court, Madurai

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to the Family Court, Trichy and conduct the trial along with H.M.O.P.No. 131 of 2025.

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For Petitioner : Mr.P.Ganapathi Subramanian

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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 petition in H.M.O.P.No.484 of 2025 pending on the file of the Family Court, Madurai to the Family Court, Trichy and conduct the trial along with H.M.O.P.No.131 of 2025.

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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 06.06.2019 at Dhuvaraga Palace, Madurai, as per the Hindu Rites and Customs.

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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.131 of 2025 for dissolution of the marriage, on the file of the Family Court, Trichy. After that the respondent/husband initiated the proceeding in H.M.O.P.No. 484 of 2025, on the file of the Family Court, Maduria, seeking restitution of conjugal rights.

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Page 2 of 7

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

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The learned counsel appearing for the petitioner/wife submits that his client is living in K.K.Nagar, Trichy, and she was taken care of by her parents. The distance between the petitioner's residence to Madurai, is around 131 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. 131 of 2025 on the file of the Family Court, Trichy. Hence, she seeks transfer of proceeding in H.M.O.P.No.484 of 2025 from the file of the Family Court, Madurai, to the file of the Family Court, Trichy.

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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

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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 three hours journey to reach the Family Court, Madurai, situated 131 kms away from her Domicile, namely, K.K.Nagar, Trichy, 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. 484 of 2025, to the file of the learned District Judge, Family Court, Trichy, 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, Trichy, is directed to take the case on file, try the same along with H.M.O.P.No.131 of 2025 already pending on his file, filed by the wife and dispose of the case as expeditiously as possible in accordance with law.

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Page 5 of 7

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

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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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11.07.2025

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

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