Allowed¶48

P.Subashini v. G.Rajapriyan

Transfer of matrimonial proceeding – S.24 CPC

Madras HC29 Jul 2025TR CMP(MD)/374/2025

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Case brief

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What is this about?

Tr.CMP.(MD)No.374 of 2025, Madras High Court Madurai Bench, 29.07.2025, K.K. Ramakrishnan J.; transfer of H.M.O.P.No.69 of 2024 (restitution of conjugal rights) from Subordinate Court, Melur, to Subordinate Court, Kodaikanal; Section 24 CPC; wife's convenience; 132 kms travel hardship; N.C.V.Aishwarya v. A.S.Saravana Karthik Sha, 2022 Live Law (SC) 627; ex parte respondent; petition allowed, no costs.

What did the court decide?

H.M.O.P.No.69 of 2024 ordered to be withdrawn from the file of the Subordinate Court, Melur, Madurai District, and transferred to the file of the Subordinate Court, Kodaikanal, Dindigul District; records to be transmitted within four weeks; no order as to costs; connected C.M.P.(MD)No.10156 of 2025 closed. ¶48

P.Subashini Vs G.Rajapriyan — Domestic Violence | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether H.M.O.P.No.69 of 2024 pending before the Subordinate Court, Melur, Madurai District, should be withdrawn and transferred to the Subordinate Court, Kodaikanal, Dindigul District, having regard to the convenience of the petitioner/wife under Section 24 of the Code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

In matrimonial matters, whenever a transfer petition under Section 24 CPC is considered, 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 about four hours over 132 kms from her domicile at Kodaikanal to Melur, incurring huge expense, the Court inclined to allow the transfer petition.

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Key takeaways

The learned Subordinate Judge, Melur, was directed to transfer the entire records of H.M.O.P.No.69 of 2024 to the learned Subordinate Judge, Kodaikanal, within four weeks, and the latter was directed to take the case on file and dispose of it as expeditiously as possible in accordance with law.ratio¶43
The Transfer Civil Miscellaneous Petition stands allowed; there shall be no order as to costs; and the connected Civil Miscellaneous Petition (C.M.P.(MD)No.10156 of 2025) is closed.ratio¶48

Detailed headnote1 paragraphs

Transfer of matrimonial proceeding — S.24 CPC — wife's convenience predominant. Petitioner/wife, residing at Thandikudi, Kodaikanal Taluk, Dindigul District with her parents, sought transfer of her husband's H.M.O.P.No.69 of 2024 (restitution of conjugal rights) from the Subordinate Court, Melur, Madurai District — about 132 kms / four hours' travel away — to the Subordinate Court, Kodaikanal. Relying on N.C.V.Aishwarya Vs. A.S.Saravana Karthik Sha (2022 Live Law (SC) 627) for the principle that the wife's convenience must be looked at in matrimonial transfer petitions, and noting that the respondent appeared neither in person nor through counsel despite notice, the Madurai Bench of the Madras High Court (K.K. Ramakrishnan, J.) allowed the petition, directing the Subordinate Judge, Melur, to transmit the entire records to the Subordinate Judge, Kodaikanal, within four weeks, who shall dispose of the matter expeditiously. No order as to costs; connected C.M.P.(MD)No.10156 of 2025 closed.

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Tr.CMP.(MD)No.374 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 29.07.2025

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CORAM

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THE HON'BLE MR JUSTICE K.K. RAMAKRISHNAN Tr.CMP.(MD)No.374 of 2025 and C.M.P.(MD)No.10156 of 2025

P.Subashini

.. Petitioner

Vs.

G.Rajapriyan .. 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 in H.M.O.P.No.69 of 2024 pending on the file of the Subordinate Court, Melur, Madurai District, and transfer the same to the file of the Subordinate Court, Kodaikanal, Dindigul District.

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For Petitioner : Mr.S.Karthik

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For Respondent : No Appearance Court Notice served

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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.374 of 2025

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ORDER

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The present Transfer Civil Miscellaneous Petition has been filed to withdraw the case in H.M.O.P.No.69 of 2024 pending on the file of the Subordinate Court, Melur, Madurai District, and transfer the same to the file of the Subordinate Court, Kodaikanal, Dindigul District.

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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 20.03.2024 as per the Hindu Rites and customs at Madurai Palamuthir Cholai Murugan Temple.

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Due to some matrimonial discord, the parties have separated. Therefore, the petitioner/wife filed D.V.O.P.No.2 of 2024 on the file of the Judicial Magistrate Court, Kodaikanal, under Domestic Violence Act. Thereafter, the respondent/husband filed H.M.O.P.No.69 of 2024, on the file of the Subordinate Court, Melur, Madurai District, 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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Tr.CMP.(MD)No.374 of 2025

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The learned counsel appearing for the petitioner/wife submits

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that his client is living in Thandikudi, Kodaikanal Taluk, Dindigul District and she was taken care of by her parents. The distance between the petitioner's residence to Melur, is around 132 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 proceedings in H.M.O.P.No.69 of 2024 from the file of the Subordinate Court, Melur, to the file of the Subordinate Court, Kodaikanal.

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Even though notice has been served upon the respondent and

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his name has been printed in the cause list, he did not 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

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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.374 of 2025

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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

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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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Tr.CMP.(MD)No.374 of 2025

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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 four hours journey to reach the Subordinate Court, Melur, Madurai District, situated 132 kms away from her Domicile, namely, Kodaikanal, incurring huge expense, this court inclines to allow the petition.

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The learned Subordinate Judge, Melur, Madurai District, is hereby directed to transfer the entire records pertaining to the case, in H.M.O.P.No.69 of 2024, to the file of the learned Subordinate Judge, Kodaikanal, Dindigul 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 learned Subordinate Judge, Kodaikanal, Dindigul District, is directed to take the case on file, try the same and dispose of the cases as expeditiously as possible in accordance with law.

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