Allowed¶26

V.Sasikala @ nandhini v. N.Ramakrisnan

Madras HC2 Apr 2025TR CMP(MD)/41/2025

Case brief

AI extract

What is this about?

Keywords: transfer petition; Section 24 Code of Civil Procedure; matrimonial dispute; wife's convenience predominant; H.M.O.P.No.423 of 2024; divorce; Family Court Tiruchirappalli to Family Court Salem; V.Sasikala @ Nandhini v. N.Ramakrishnan; Tr.C.M.P(MD)No.41 of 2025; C.M.P(MD)No.1190 of 2025 closed; Madurai Bench of Madras High Court; P.Vadamalai J.; 02.04.2025; records transmission within two weeks; 400 kms travel hardship; Hindu marriage 26.11.2020 Salem; no costs.

What did the court decide?

Transfer petition allowed; H.M.O.P.No.423 of 2024 withdrawn from the Family Court, Tiruchirappalli and transferred to the Family Court, Salem; records to be transmitted within two weeks and the case disposed of expeditiously; no costs imposed; the connected Civil Miscellaneous Petition (C.M.P(MD)No.1190 of 2025) closed. ¶26

V.Sasikala @ nandhini Vs N.Ramakrisnan — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Transfer Civil Miscellaneous Petition under Section 24 CPC should be allowed so as to withdraw H.M.O.P.No.423 of 2024 from the file of the Family Court, Tiruchirappalli and transfer it to the Family Court, Salem District, in view of the petitioner/wife's convenience.

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Court's answer

In matrimonial disputes, when a transfer petition is filed, the convenience of the wife should be predominantly looked into and the wife's convenience shall be given preference.

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Ratio / Principle

On the facts and circumstances of the case, and considering the convenience of the petitioner/wife, the Court was inclined to allow the transfer petition.

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Key takeaways

The Transfer Civil Miscellaneous Petition is allowed; H.M.O.P.No.423 of 2024 pending on the file of the Family Court, Tiruchirappali is withdrawn and transferred to the file of the Family Court, Salem.ratio¶26
The Judge, Family Court, Tiruchirappali is directed to transmit the entire records of H.M.O.P.No.423 of 2024 to the Family Court, Salem within two weeks of receipt of a copy of the order; on receipt, the Judge, Family Court, Salem shall take the case on file and dispose of it expeditiously in accordance with law.ratio¶27

Detailed headnote1 paragraphs

Transfer Civil Miscellaneous Petition under Section 24 of the Code of Civil Procedure filed by the wife (V.Sasikala @ Nandhini) seeking withdrawal of H.M.O.P.No.423 of 2024 — a divorce petition filed by the husband (N.Ramakrishnan) — from the Family Court, Tiruchirappalli to the Family Court, Salem. The parties married on 26.11.2020 at Salem, had no child, and live separately owing to misunderstanding. Counsel for the petitioner argued that the wife, residing at Salem over 400 kms away (up and down) from Trichy, found travel to every hearing burdensome; counsel for the respondent raised only a formal objection. The Court held that in matrimonial transfer petitions the wife's convenience is predominantly to be considered and given preference, and allowed the petition, directing the Family Court, Tiruchirappalli to transmit the case records to the Family Court, Salem within two weeks and the latter to dispose of the case expeditiously. No costs; connected C.M.P(MD)No.1190 of 2025 closed. Single-judge order of Justice P.Vadamalai, Madurai Bench of Madras High Court, dated 02.04.2025.

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Tr.C.M.P(MD)No.41 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 02.04.2025

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CORAM

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THE HON'BLE MR.JUSTICE P.VADAMALAI

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Tr.C.M.P(MD)No.41 of 2025 and C.M.P(MD)No.1190 of 2025

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V.Sasikala @ Nandhini

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... Petitioner

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Vs.

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N.Ramakrishnan ... 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.423 of 2024 on the file of the Family Court, Tiruchirappalli and transfer to the Family Court, Salem District.

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For Petitioner : Mr.A.Sathasivam For Respondent : Mr.N.Sudhagar Nagaraj

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ORDER

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This Transfer Civil Miscellaneous Petition is filed to withdraw the case in H.M.O.P.No.423 of 2024 from the file of the Family Court, Tiruchirappalli and transfer the same to the file of the Family Court, Salem District.

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1/5

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

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Tr.C.M.P(MD)No.41 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 26.11.2020 at Kamakodi Mandabam, Salem, as per Hindu rites and customs. Out of wedlock, they have no child. Due to misunderstanding between the parties, they have separated and the respondent/husband has filed H.M.O.P.No.423 of 2024 before the Family Court, Tiruchirappalli, seeking divorce.

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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 submitted that the petitioner is now residing at Salem. The distance between the petitioner's place of residence and Trichy is more than 400 kms up and down and the petitioner/wife, being a lady, finds it very difficult to travel such a long distance to attend every Court hearing at Trichy. Hence, she seeks to transfer the case as prayed for.

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The learned counsel for the respondent has raised only a formal objection to allow this petition.

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2/5

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

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Submissions of both sides considered. The respondent and the petitioner are husband and wife. Due to misunderstanding, they are living separately and in such circumstances, the respondent filed the petition seeking divorce before the Family Court, Tiruchirappalli. 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. Considering the facts and circumstances of the case and also considering the convenience of the petitioner/wife, this Court is inclined to allow this petition.

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Accordingly, this Transfer Civil Miscellaneous Petition is allowed and H.M.O.P.No.423 of 2024 pending on the file of the Family Court, Tiruchirappali, is hereby withdrawn and transferred to the file of the Family Court, Salem.

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The learned Judge, Family Court, Tiruchirappali, is directed to transmit the entire records pertaining to the case in H.M.O.P.No.423 of 2024 to the file of the Family Court, Salem, within a period of two weeks from the date of receipt of a copy of this order and on receipt of such records, the learned Judge, Family Court, Salem, is directed to take the case on file and dispose of the same

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3/5

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

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Tr.C.M.P(MD)No.41 of 2025

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as expeditiously as possible in accordance with law. No costs. Consequently, the connected Civil Miscellaneous Petition is closed.

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02.04.2025

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