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M.Priya v. R.Mariraj

Matrimonial transfer – Section 24 Civil Procedure Code

Madras HC3 Nov 2025TR CMP(MD)/396/2025

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Case brief

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What is this about?

Transfer petition, Section 24 Civil Procedure Code, matrimonial dispute, HMOP transfer, divorce case transfer, wife's inconvenience, 350 kms travel, financial constraint, mediation non-appearance, interim stay, restitution of conjugal rights, Principal Subordinate Court Tenkasi, Family Court Theni, expedited disposal, no costs, Madurai Bench Madras High Court, Shamim Ahmed J.

What did the court decide?

HMOP.No.18 of 2025 withdrawn from the Principal Subordinate Court, Tenkasi and transferred to the file of the Family Court, Theni; Family Court directed to decide expeditiously without unnecessary adjournments; no costs; connected Civil Miscellaneous Petition closed; Registry to communicate the order to both courts within 10 days. ¶35

M.Priya Vs R.Mariraj — Madras HC (2025) — LawSathi Research

What the court decided

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Outcome

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Issue for consideration

Whether H.M.O.P.No.18 of 2025 pending before the Principal Subordinate Court, Tenkasi should be withdrawn and transferred to the Family Court, Theni, given the petitioner-wife's difficulty and lack of finances to travel more than approximately 350 kms up and down for hearings.

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Court's answer

The Transfer Civil Miscellaneous Petition is allowed; the matrimonial case HMOP.No.18 of 2025 on the file of the Principal Subordinate Court, Tenkasi is ordered to be withdrawn and transferred to the file of the Family Court, Theni, considering the petitioner-wife's travel difficulty of more than approximately 350 kms, her financial constraints, and the respondent's consecutive non-appearance for three mediation hearings.

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Ratio / Principle

The learned Judge, Family Court, Theni, is directed not to grant any adjournment to either party unless there is a cogent reason or a stay by any higher Court, and to decide the case on merits, in accordance with law, expeditiously.

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Detailed headnote1 paragraphs

Matrimonial transfer - Section 24 Civil Procedure Code - Wife-petitioner sought withdrawal of husband's divorce petition H.M.O.P.No.18 of 2025 from the Principal Subordinate Court, Tenkasi to the Family Court, Theni. Held, petition allowed: the wife would face difficulty travelling more than approximately 350 kms up and down for hearings and lacks finance for travel and incidental expenses; further, though the matter was referred to the Mediation and Conciliation Centre (order dated 08.08.2025, with interim stay up to 26.09.2025), the respondent consecutively failed to appear for three hearings, showing disinterest in mediation. HMOP.No.18 of 2025 ordered to be withdrawn and transferred to the Family Court, Theni. Family Court, Theni directed not to grant adjournments absent cogent reason or higher-court stay, and to decide on merits expeditiously. No costs; connected CMP closed; Registry to communicate the order to both courts within 10 days.

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TR CMP(MD) NO. 396 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03-11-2025 CORAM

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THE HONOURABLE MR.JUSTICE SHAMIM AHMED

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TR CMP(MD) NO. 396 of 2025

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and

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CMP(MD) No.10818 of 2025

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M.Priya W/o. R.Mariraj D/o. Periyasamy Thevar 462/2, Telephone Nagar Bommaiyagoundanpatti Oonjampatti Village-Hamlet Theni District.

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Appellant(s)

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R.Mariraj S/o. Ramaiah 297, Kanagalakshmi Bhavn Sri Sakthi Nagar Tenkasi Town and Taluk Tenkasi District.

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Respondent(s)

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Prayer:

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Transfer Civil Miscellaneous Petition filed under Section 24 of Civil Procedure Code to withdraw the HMOP No.18 of 2025 on the file of the Learned Principal Sub Court, Tenkasi and transfer the same on the file of the Learned Family Court, Theni.

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

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For Appellant(s):

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Mr. G.S.Rajavel

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For Respondent(s): Mr.D.S.Haroon Rasheed

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ORDER

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This Transfer Civil Miscellaneous Petition has been filed to withdraw the case in H.M.O.P.No.18 of 2025 pending on the file of the Principal Subordinate Court, Tenkasi, and transfer the same to the file of Family Court, Theni.

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2.Heard Mr.G.S.Rajavel, learned counsel for the petitioner and Mr.D.S.Haroon Rasheed, learned Counsel for the respondent.

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3.The petitioner is the wife and the respondent is the husband and their marriage was solemnized on 04.06.2017, according to Hindu rites and customs and out of their wedlock, they were blessed with two children, namely, M.Mridhulan and M.Tejosri, who are aged about 7 years and 3 years respectively. Due to difference of opinion, they are living separately and the respondent/husband has filed H.M.O.P.No.18 of 2025 before the Principal Subordinate Court, Tenkasi, seeking divorce and the petitioner/wife has also filed HMOP.No.197 of 205 before the Family Court, Theni seeking restitution of conjugal rights. Seeking transfer of the above H.M.O.P.No.18 of 2025 from the file of Principal Subordinate Court, Tenkasi, to the file of Family Court, Theni, the present Transfer Civil Miscellaneous Petition has been filed.

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

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4.Mr.G.S.Rajavel, learned counsel for the petitioner submits that being a lady, it is very difficult for the petitioner to travel more than 350 kms., approximately up and down from Theni to Tenkasi, for all the Court hearings and also she do not have any finance to meet the travel and other incidental expenses. Thus, he prays that this Court may transfer the case in HMOP.No.18 of 2025 from the file of the Principal Subordinate Court, Tenkasi, to the file of Family Court, Theni.

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5.The Co-ordinate Bench of this Court, vide order dated 08.08.2025, referring the matter to the Mediation and Conciliation Centre attached to this Bench, had passed the following

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order, :-

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“ Today, when the matter is taken up for hearing, the learned counsel for the petitioner as well as the respondent would submit that the matter may be referred to mediation for resolving the issue.

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2.Considering the request of the both side counsel, this matter is referred to Mediation and Conciliation Centre, attached to this Bench. 3.Both the parties are directed to appear before the Mediation Centre on 22.08.2025. In the mean time, the Mediation Centre shall appoint a mediator in this case. The Mediator is directed to submit a report on or before 19.09.2025.

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4.Registry is directed to list the matter before this Court 22.09.2025, along with report.

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5.There shall be an order of interim stay upto 26.09.2025. ”

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6.After mediation, The Mediation and Conciliation Centre attached to this Bench had filed

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its report, dated 11.09.2025, which is already on record, and as per the mediation report,

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

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dated 11.09.2025, it is seen that the petitioner appeared for mediation and the respondent consecutively did not appear for three hearings before the Mediation Centre. Thus, it appears that the respondent is not interested for mediation.

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7.Mr.D.S.Haroon Rasheed, learned counsel for the respondent has made submissions, opposing to transfer the matrimonial case filed by the respondent in HMOP.No.18 of 2025, as prayed for by the petitioner, as it is also equally inconvenience for the respondent to attend all the Court hearings before the Court, to which, the matrimonial case filed by him, is now sought to be transferred by the petitioner.

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8.Accordingly, after considering the arguments as advanced by the learned counsel for the parties, considering the fact that the petitioner, being a lady, would be facing difficulty to travel about more than 350 kms approximately up and down to attend all the Court hearings before the Principal Subordinate Court, Tenkasi, where the HMOP.No.18 of 2025 is pending and that she is also facing finance constraint to meet travel and incidental expenses and also considering the fact that though the matter was referred to the Mediation and Conciliation Centre attached to this Bench, the respondent consecutively did not appear for three hearings for mediation and also considering the averments made in the affidavit filed in support of the present Transfer Civil Miscellaneous Petition, this Transfer

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Civil Miscellaneous Petition is allowed , as prayed for. The matrimonial case in HMOP.No.18 of 2025, on the file of the Principal Subordinate Court, Tenkasi, is hereby ordered to be withdrawn and transferred to the file of the Family Court, Theni. The learned Judge, Family Court, Theni, is directed not to give any adjournment to either of the parties unless there is any cogent reason or stay by any higher Court and decide the case, on merits and in accordance with law, expeditiously. No costs. Consequently, connected Civil https://www.mhc.tn.gov.in/judis

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Miscellaneous Petition is closed.

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9.Registry is directed to communicate this order to the learned Principal Subordinate Judge, Tenkasi, as well as to the learned Judge, Family Court, Theni, for its necessary compliance and information, within a period of 10 days from today.

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03-11-2025

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mm To 1.The Principal Subordinate Judge, Tenkasi. 2.The Judge, Learned Family Court, Theni.

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3.The Additional Registrar General, Madurai Bench of Madras High Court, Madurai.

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

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SHAMIM AHMED, J.

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