Allowed¶34

T.Tharani v. N.Vasanthavasan

Madras HC24 Mar 2025TR CMP(MD)/53/2025

Case brief

AI extract

What is this about?

Madras High Court (Madurai Bench), Tr.CMP.(MD)No.53 of 2025 and C.M.P.(MD)No.1533 of 2025, Tharani v. N.Vasanthavasan, decided 24.03.2025 by Justice P. Vadamalai. Transfer of matrimonial proceeding H.M.O.P.No.352 of 2024 (restitution of conjugal rights) from Sub Court, Poonamallee to Principal Sub Court, Madurai under Section 24 CPC on grounds of wife's convenience; 880 Kms travel distance; disposal within six months ordered.

What did the court decide?

Transfer of H.M.O.P.No.352 of 2024 from the Sub Court, Poonamallee to the Principal Sub Court, Madurai; records to be transmitted within three weeks and disposal directed within six months; no costs; connected C.M.P.(MD)No.1533 of 2025 closed. ¶34

T.Tharani Vs N.Vasanthavasan — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the proceeding in H.M.O.P.No.352 of 2024 pending before the Sub Court, Poonamallee should be withdrawn and transferred to the Sub Court, Madurai, having regard to the petitioner-wife's convenience.

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Court's answer

In transfer petitions filed in matrimonial disputes, the convenience of the wife should be predominantly looked into and given preference.

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Ratio / Principle

Considering the overall facts and circumstances of the case, and the convenience of the wife, the Court was inclined to allow the transfer petition.

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Key takeaways

The learned Judge, Sub Court, Poonamallee was directed to transmit the entire records of H.M.O.P.No.352 of 2024 to the Principal Sub Court, Madurai within three weeks from receipt of a copy of the order.ratio¶33
On receipt of the transmitted records, the learned Judge, Principal Sub Court, Madurai was directed to take the case on file and dispose of it in accordance with law within six months.ratio¶33

Detailed headnote1 paragraphs

Transfer Civil Miscellaneous Petition under Section 24 of the Code of Civil Procedure filed by the wife (Tharani) to withdraw H.M.O.P.No.352 of 2024 (restitution of conjugal rights initiated by the husband, N.Vasanthavasan) from the Sub Court, Poonamallee and transfer it to the Sub Court, Madurai. Wife resides at Achampaththu, Madurai District with her six-year-old son studying at Ashvatha School, Madurai; distance to Poonamallee is around 880 Kms to and fro. Applying the settled principle that in matrimonial transfer petitions the wife's convenience is predominantly considered, the Court allowed the petition, directed transmission of records to the Principal Sub Court, Madurai within three weeks, and disposal in accordance with law within six months. No costs; connected C.M.P.(MD)No.1533 of 2025 closed.

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Tr.CMP.(MD)No.53 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 24.03.2025

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CORAM

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THE HON'BLE MR JUSTICE P. VADAMALAI

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Tr.CMP.(MD)No.53 of 2025 and C.M.P.(MD)No.1533 of 2025

Tharani

.. Petitioner

Vs.

N.Vasanthavasan .. 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.352 of 2024 on the file of the Sub Court, Poonamallee and transfer the same to the file of the Sub Court, Madurai.

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For Petitioner : Mr.K.Vinoharan

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For Respondent : Mr.M.I.Javid Akbar

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ORDER

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The present Transfer Civil Miscellaneous Petition has been filed to withdraw the proceeding in H.M.O.P.No.352 of 2024 on the file of the Sub Court, Poonamallee and transfer the same to the file of the Sub Court, Madurai.

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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.53 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 18.02.2018 at Madurai District as per the Hindu Rites and Customs. Out of wedlock, a male child, named V.Dhruvan Adith, was born on 26.12.2018.

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Due to disputes and differences, the parties have separated, and the respondent/husband has initiated the proceeding in H.M.O.P.No.352 of 2024 on the file of the Sub Court, Poonamallee seeking restitution of conjugal rights.

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Heard the learned counsel for the petitioner appeared before this Court and the learned counsel for the respondent appeared through Video Conference.

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The learned counsel for the petitioner submits that the petitioner/wife is now residing with her child at Achampaththu, Madurai District, and her son is studying at Ashvatha School in Madurai. The distance between Madurai and Poonamallee is around 880 Kms to and fro, and the petitioner/wife, being a lady, finds it very difficult to travel such a Page No 2 of 5

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

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Tr.CMP.(MD)No.53 of 2025

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long distance for attending every Court hearing along with the six year old child. Hence, she seeks transfer of proceeding in H.M.O.P.No.352 of 2024 from the file of the Sub Court, Poonamallee to the file of the Sub Court, Madurai.

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The learned counsel for the respondent has raised only formal objection to allow this petition. Further, he submitted that if the proceeding in H.M.O.P.No.352 of 2024 is transferred from the file of the Sub Court at Poonamallee to the file of Sub Court at Madurai, a direction may be given to the learned Subordinate Judge, Madurai to dispose of the case as early as possible.

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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 also considering the convenience of the wife, 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.53 of 2025

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The learned Judge, Sub Court, Poonamallee is directed to transmit

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the entire records pertaining to the case, in H.M.O.P.No.352 of 2024, to the file of the Principal Sub Court, Madurai 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, Principal Sub Court, Madurai is directed to take the case on file and dispose of the same in accordance with law within a period of six months from the date of receipt of records.

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