Allowed

M. Angalaeswari Alias Kowsalyadevi v. M. Periyamarimuthu Alias Ananth

Madras HC3 Apr 2025TR CMP(MD)/38/2025

Case brief

AI extract

What is this about?

The Court allowed a transfer petition under Section 24 CPC to move proceedings for restitution of conjugal rights from the Family Court, Theni to the Family Court, Srivilliputhur, prioritizing the convenience of the wife who was already pending other matrimonial matters at Srivilliputhur.

What did the court decide?

Transfer of H.M.O.P. No.384 of 2024 from Family Court, Theni to Family Court, Srivilliputhur.

M. Angalaeswari Alias Kowsalyadevi Vs M… — Matrimonial and Divorce | Madras HC (2025)

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Tr.CMP.(MD)No.38 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 03.04.2025

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CORAM

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THE HON'BLE MR JUSTICE P. VADAMALAI

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Tr.CMP.(MD)No.38 of 2025 and C.M.P.(MD)Nos.1048 & 1050 of 2025

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M.Angalaeswari @ Kowsalyadevi

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.. Petitioner

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Vs.

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M.Periyamarimuthu @ Ananth .. Respondent

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Prayer : Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the proceeding in H.M.O.P. No.384 of 2024 on the file of the Family Court, Theni and transfer the same to the file of the Family Court, Srivilliputhur.

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For Petitioner : Mr.S.Vijayakumar

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For Respondent : Mr.S.A.Ajmal Khan

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ORDER

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The present Transfer Civil Miscellaneous Petition has been filed to

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withdraw the proceeding in H.M.O.P.No.384 of 2024 on the file of the Family Court, Theni and transfer the same to the file of the Family Court, Srivilliputhur.

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Page No 1 of 5

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

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Tr.CMP.(MD)No.38 of 2025

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The petitioner is the wife and the respondent is the husband. The

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marriage between the petitioner and the respondent was solemnized on 14.02.2016 at Arulmigu Sri Balasubramaniyaswami Temple, Thenkarai, Theni District as per the Hindu Rites and Customs. Out of wedlock, two children, named P.Muthu Sivakarthick and P.Shivanika, were born on 24.09.2018 and 29.10.2020 respectively.

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Due to disputes and differences, the parties have separated, and the petitioner/wife has initiated a proceeding in H.M.O.P.No.125 of 2024 on the file of the Family Court, Srivilliputhur seeking divorce, and she has also initiated a proceeding in M.C.No.34 of 2024 on the file of the Family Court, Srivilliputhur seeking maintenance. The respondent/husband has initiated the proceeding in H.M.O.P.No.384 of 2024 on the file of the Family Court, Theni seeking restitution of conjugal rights.

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Heard the learned counsel for the petitioner and the learned counsel for the respondent.

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The learned counsel for the petitioner submits that the petitioner/wife is now residing with her children at Srivilliputhur Town, Page No 2 of 5

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

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Tr.CMP.(MD)No.38 of 2025

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Virudhunagar District under the care of her parents. The distance between Srivilliputhur and Theni is around 200 Kms, and the petitioner/wife, being a lady, finds it very difficult to travel such a long distance for attending every Court hearing along with two children. Hence, she seeks transfer of proceeding in H.M.O.P.No.384 of 2024 from the file of the Family Court, Theni to the file of the Family Court, Srivilliputhur.

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The learned counsel for the respondent has raised strong objection to allow this petition.

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It is well settled proposition of law that whenever the 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 considering the convenience of the wife, and also taking into account of the fact that already two proceedings, which were filed by the petitioner/wife, are pending before the Family Court at Srivilliputhur, this Court is inclined to allow this petition.

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Page No 3 of 5

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

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Tr.CMP.(MD)No.38 of 2025

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The learned Judge, Family Court, Theni is directed to transmit the

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entire records pertaining to the case, in H.M.O.P.No.384 of 2024, to the file of the Family Court, Srivilliputhur within a period of three weeks from the date of receipt of a copy of this order, and on receipt of such records, the learned Judge, Family Court, Srivilliputhur is directed to take the case on file and dispose of the same as expeditiously as possible in accordance with law.

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Accordingly, this Transfer Civil Miscellaneous Petition stands allowed. No costs. Consequently, the connected Civil Miscellaneous Petitions are closed.

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03.04.2025

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

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Page No 4 of 5

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

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Tr.CMP.(MD)No.38 of 2025

P. VADAMALAI, J.

mkn

1.The Family Court, Theni.

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2.The Family Court, Srivilliputhur.

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Tr.CMP.(MD)No.38 of 2025 and C.M.P.(MD)Nos.1048 & 1050 of 2025

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03.04.2025

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Page No 5 of 5

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

M. Angalaeswari Alias Kowsalyadevi v. M. Periyamarimuthu Alias Ananth

Case brief

What is this about?

What did the court decide?

M. Angalaeswari Alias Kowsalyadevi v. M. Periyamarimuthu Alias Ananth

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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