Allowed

Abinaya alias Kaviya v. S.Gopalakrishnan

Madras HC7 Mar 2025TR CMP(MD)/52/2025

Case brief

AI extract

What is this about?

Wife sought transfer of her husband's divorce petition from the Family Court, Trichy to Thanjavur, citing the 150 km distance and difficulty travelling with her three-year-old child. The Court held the wife's convenience is predominant in matrimonial transfer petitions and allowed the transfer.

What did the court decide?

H.M.O.P.No.226 of 2023 transferred from Family Court, Trichy to Family Court, Thanjavur; records to be transmitted within three weeks; no costs; connected CMP closed.

Abinaya alias Kaviya Vs S.Gopalakrishnan — Matrimonial and Divorce | Madras HC (2025)

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Tr.C.M.P(MD)No.52 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 07.03.2025

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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.52 of 2025 and C.M.P(MD)No.1516 of 2025

Abinaya @ Kaviya

... Petitioner

Vs.

S.Gopalakrishnan

... Respondent

PRAYER : Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw H.M.O.P.No.226 of 2023 pending before the Family Court at Trichy and transfer the same to Family Court, Thanjavur District.

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For Petitioner : Mr.T.Eashwar For Respondent : Mr.S.Deenadhayalan

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ORDER

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The Transfer Civil Miscellaneous Petition is filed to withdraw H.M.O.P.No.226 of 2023 pending before the Family Court, Trichy and transfer the same to the Family Court, Thanjavur District.

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https://www.mhc.tn.gov.in/judis 1/5

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1/5

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Tr.C.M.P(MD)No.52 of 2025

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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 25.01.2021 at V.S.M.Mahal, Near TVS Tollgate, Trichy – 21 as per the Hindu Rites and Customs. Out of wedlock, they blessed with a male child, aged 3 years. Due to misunderstanding between the parties, they have separated and the respondent/husband has filed a petition in H.M.O.P.No.226 of 2023 on the file of the Family Court, Trichy, seeking for dissolution of marriage.

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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 residing with her parent's at Kovilpaththu, Thanjavur District. The distance between the petitioner's place of residence and Trichy is more than 150 kms and the petitioner/wife, being a lady finds it very difficult to travel such a long distance to attend the Court hearing at Trichy along with her three year old child. Hence, she seeks to transfer the case as prayed for.

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https://www.mhc.tn.gov.in/judis 2/5

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2/5

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Tr.C.M.P(MD)No.52 of 2025

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

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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 before the Family Court, Trichy, seeking for dissolution of marriage. 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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The learned Judge, Family Court, Trichy, is directed to transmit the entire records pertaining to the case in H.M.O.P.No.226 of 2023 to the file of the Family Court, Thanjavur 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, Thanjavur, 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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https://www.mhc.tn.gov.in/judis 3/5

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Tr.C.M.P(MD)No.52 of 2025

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Accordingly, this Transfer Civil Miscellaneous Petition stands

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allowed. No costs. Consequently, the connected Civil Miscellaneous Petition is closed.

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07.03.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No VSD

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1.The Family Court, Trichy.

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2.The Family Court, Thanjavur District.

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3.The Section Officer, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

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https://www.mhc.tn.gov.in/judis 4/5

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Tr.C.M.P(MD)No.52 of 2025

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P.VADAMALAI, J.

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VSD

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Order made in Tr.C.M.P(MD)No.52 of 2025 and C.M.P(MD)No.1516 of 2025

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07.03.2025

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https://www.mhc.tn.gov.in/judis 5/5

Abinaya alias Kaviya v. S.Gopalakrishnan

Case brief

What is this about?

What did the court decide?

Abinaya alias Kaviya v. S.Gopalakrishnan

Case brief

What is this about?

What did the court decide?

What the court decided

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