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M.Muthulakshmi v. M.Alexpandian

Madras HC14 Mar 2025TR CMP(MD)/68/2025

Case brief

AI extract

What is this about?

Matrimonial transfer petition, Section 24 CPC, wife's convenience, divorce H.M.O.P.No.530 of 2024 Family Court Trichy transferred to Family Court Srivilliputhur, joint trial with restitution of conjugal rights H.M.O.P.No.193 of 2024, 218 Kms travel distance, minor child, life threat objection rejected, Madurai Bench of Madras High Court, Justice P. Vadamalai, order dated 14.03.2025, Tr.CMP.(MD)No.68 of 2025, allowed, no costs.

What did the court decide?

Transfer Civil Miscellaneous Petition allowed: H.M.O.P.No.530 of 2024 to be withdrawn from the file of the Family Court, Trichy and transferred to the file of the Family Court, Srivilliputhur to be tried along with H.M.O.P.No.193 of 2024; records to be transmitted within three weeks; no costs; connected C.M.P.(MD)No.1808 of 2025 closed. ¶38

M.Muthulakshmi Vs M.Alexpandian — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the divorce proceeding in H.M.O.P.No.530 of 2024 pending before the Family Court, Trichy should be withdrawn and transferred to the Family Court, Srivilliputhur to be tried along with the wife's restitution of conjugal rights petition in H.M.O.P.No.193 of 2024. +1 more

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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 her convenience shall be given preference.

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Ratio / Principle

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

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Key takeaways

The learned Judge, Family Court, Trichy was directed to transmit the entire records in H.M.O.P.No.530 of 2024 to the Family Court, Srivilliputhur within three weeks of receipt of a copy of the order; on receipt, the Family Court, Srivilliputhur is to take the case on file, try it along with H.M.O.P.No.193 of 2024, and dispose of both cases as expeditiously as possible in accordance with law.ratio¶37

Detailed headnote1 paragraphs

Transfer Civil Miscellaneous Petition under Section 24 of the Code of Civil Procedure filed by the wife (M.Muthulakshmi) seeking withdrawal of the husband's divorce petition in H.M.O.P.No.530 of 2024 from the Family Court, Trichy and its transfer to the Family Court, Srivilliputhur for joint trial with her restitution of conjugal rights petition in H.M.O.P.No.193 of 2024. The parties married on 17.01.2021; a male child was born on 20.04.2022; the wife resides at Srivilliputhur Taluk, Virudhunagar District with the child, about 218 Kms from Trichy. Held, applying the settled proposition that in matrimonial transfer petitions the convenience of the wife should be predominantly looked into and given preference, the petition was allowed despite the husband's objection of alleged life threat at Srivilliputhur. The Family Court, Trichy was directed to transmit the entire records within three weeks, and the Family Court, Srivilliputhur to try both matters together and dispose of them expeditiously. Allowed, no costs; connected C.M.P.(MD)No.1808 of 2025 closed.

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Tr.CMP.(MD)No.68 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 14.03.2025

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CORAM

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THE HON'BLE MR JUSTICE P. VADAMALAI

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Tr.CMP.(MD)No.68 of 2025 and C.M.P.(MD)No.1808 of 2025

M.Muthulakshmi

.. Petitioner

Vs.

M.Alexpandian

.. Respondent

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.530 of 2024 on the file of the Family Court, Trichy and transfer the same to the file of the Family Court, Srivilliputhur to be tried along with H.M.O.P.No.193 of 2024.

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For Petitioner : Mr.SC.Herold Singh

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For Respondent : Mr.A.Azhageson

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ORDER

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The present Transfer Civil Miscellaneous Petition has been filed to

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withdraw the proceeding in H.M.O.P.No.530 of 2024 on the file of the Family Court, Trichy and transfer the same to the file of the Family Court, Srivilliputhur to be tried along with H.M.O.P.No.193 of 2024.

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Page No 1 of 5 https://www.mhc.tn.gov.in/judis

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Tr.CMP.(MD)No.68 of 2025

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The petitioner is the wife and the respondent is the husband. The

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marriage between the petitioner and the respondent was solemnized on 17.01.2021 at Vayalur Murugan Kovil, Trichy as per the Hindu Rites and Customs. Out of wedlock, a male child, named Arjuna Velpandian, was born on 20.04.2022.

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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.530 of 2024 on the file of the Family Court, Trichy seeking divorce. The petitioner/wife has initiated the proceeding in H.M.O.P.No.193 of 2024 on the file of the Family Court, Srivilliputhur seeking restitution of conjugal rights.

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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 would submit that the petitioner/wife is now residing with her child at Srivilliputhur Taluk, Virudhunagar District under the care of her parents. The distance between

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

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Tr.CMP.(MD)No.68 of 2025

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Srivilliputhur and Trichy is around 218 Kms, and the petitioner/wife, being a lady, finds it very difficult to travel such a long distance for attending every Court hearing along with the two and a half year old child. Hence, she seeks transfer of proceeding in H.M.O.P.No.530 of 2024 from the file of the Family Court, Trichy to the file of the Family Court, Srivilliputhur to be tried along with H.M.O.P.No.193 of 2024.

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The learned counsel for the respondent would submit that there is a

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life threat for the respondent in Srivilliputhur, and would raise strong objection to allow this petition.

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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

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also considering the convenience of the wife, this Court is inclined to allow this petition.

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Page No 3 of 5 https://www.mhc.tn.gov.in/judis

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Tr.CMP.(MD)No.68 of 2025

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The learned Judge, Family Court, Trichy is directed to transmit the

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entire records pertaining to the case, in H.M.O.P.No.530 of 2024, to the file of the Family Court, Srivilliputhur 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, Srivilliputhur is directed to take the case on file and try the case along with H.M.O.P.No.193 of 2024 and dispose of both the cases as expeditiously as possible in accordance with law.

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