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M.Pavithra v. v.Sivaneshwaran

Madras HC29 Jul 2025TR CMP(MD)/415/2025

Case brief

AI extract

What is this about?

Wife's-convenience transfer petition, S.24 CPC; H.M.O.P. restitution of conjugal rights moved from Subordinate Court Paramathi (Namakkal) to Family Court Sivagangai; ~200 km/four-hour travel hardship; reliance on N.C.V.Aishwarya v. A.S.Saravana Karthik Sha, 2022 Live Law (SC) 627; records to transfer within four weeks; expeditious disposal; no costs; connected C.M.P.(MD)No.11217 of 2025 closed; Madurai Bench of Madras High Court; K.K. Ramakrishnan J.; 29.07.2025; Tr.CMP.(MD)No.415 of 2025.

What did the court decide?

Withdrawal and transfer of H.M.O.P.No.421 of 2025 from the file of the learned Subordinate Court, Paramathi, Namakkal District to the file of the learned District Judge, Family Court, Sivagangai, with records to be transferred within four weeks and expeditious disposal thereafter; no costs; connected C.M.P.(MD)No.11217 of 2025 closed.

M.Pavithra Vs v.Sivaneshwaran — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the proceedings in H.M.O.P.No.421 of 2025 (restitution of conjugal rights) pending before the learned Subordinate Court, Paramathi, Namakkal District should be withdrawn and transferred to the learned Family Court, Sivagangai, having regard to the petitioner-wife's convenience.

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Court's answer

In matrimonial disputes, whenever 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 — the petitioner-wife living at Thiruppathur, Sivagangai, roughly 200 kms (about a four-hour journey) from Paramathi, facing hardship and huge expense to attend every hearing — this court inclined to allow the transfer petition.

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Key takeaways

The learned Subordinate Judge, Paramathi, Namakkal District is directed to transfer the entire records pertaining to H.M.O.P.No.421 of 2025 to the file of the learned District Judge, Family Court, Sivagangai within four weeks from receipt of a copy of the order.ratio¶43
On receipt of the records, the learned District Judge, Family Court, Sivagangai is directed to take the case on file, try it and dispose of it as expeditiously as possible in accordance with law.ratio¶43

Detailed headnote1 paragraphs

Transfer Civil Miscellaneous Petition under Section 24 CPC filed by the wife, M.Pavithra, to withdraw and transfer her husband V.Sivaneshwaran's H.M.O.P.No.421 of 2025 (restitution of conjugal rights) from the Subordinate Court, Paramathi, Namakkal District to the Family Court, Sivagangai, was ALLOWED (Madurai Bench of Madras High Court, K.K. Ramakrishnan, J., 29.07.2025). 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 should be predominantly looked into; the petitioner lives at Mahibalanpatti, Thiruppathur Taluk, Sivagangai District, about 200 kms (four hours' journey) from Paramathi, incurring huge expense and hardship per hearing. The respondent, though served with notice and listed in the cause list, did not appear. The Subordinate Judge, Paramathi was directed to transfer the entire records to the District Judge, Family Court, Sivagangai within four weeks, and the Family Court to take the case on file and dispose of it expeditiously; no order as to costs; connected C.M.P.(MD)No.11217 of 2025 closed.

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Tr.CMP.(MD)No.415 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.415 of 2025 and C.M.P.(MD)No.11217 of 2025

M.Pavithra

Vs.

V.Sivaneshwaran ..

Prayer : Transfer Civil Miscellaneous Petition is filed under Section 24

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of the Code of Civil Procedure, to withdraw and transfer the case in H.M.O.P.No.421 of 2025 from the file of the learned Subordinate Court, Paramathi, Namakkal District to learned Family Court, Sivagangai for proper and speedy adjudication of the above petition.

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For Petitioner : Mr.J.Vishnu For Respondent : No Appearance Court Notice served

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ORDER

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The present Transfer Civil Miscellaneous Petition has been

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filed to withdraw and transfer the case in H.M.O.P.No.421 of 2025 from

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the file of the learned Subordinate Court, Paramathi, Namakkal District to learned Family Court, Sivagangai.

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The petitioner is the wife and the respondent is the husband. The marriage between the petitioner and the respondent was solemnized on 10.10.2018 as per the Hindu Rites and customs at Shri Manicka Vinayagar Temple, Paramathi.

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Due to some matrimonial discord, the parties have separated. Therefore, the respondent/husband filed H.M.O.P.No.421 of 2025, on the file of the Subordinate Court, Paramathi, Namakkal District, seeking restitution of conjugal rights.

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The learned counsel appearing for the petitioner/wife submits that his client is living in Mahibalanpatti, Thiruppathur Taluk, Sivagangai District and she was taken care of by her parents. The distance between the petitioner's residence to Paramathi, is around 200 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.421 of 2025 from the file of the Subordinate

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Court, Paramathi, to the file of the Family Court, Sivagangai.

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Even though notice has been served upon the respondent

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and 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

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for 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

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Sha 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 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

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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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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, Paramathi, situated 200 kms away from her Domicile, namely, Thiruppathur, Sivagangai, incurring huge expense, this court inclines to allow the petition.

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The learned Subordinate Judge, Paramathi, Namakkal

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District, is hereby directed to transfer the entire records pertaining to the case, in H.M.O.P.No.421 of 2025, to the file of the learned District Judge, Family Court, Sivagangai, 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, Sivagangai, 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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