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Anitha v. Rengarajan

Madras HC6 Mar 2025TR CMP(MD)/70/2025

Case brief

AI extract

What is this about?

Tr.CMP.(MD)No.70 of 2025; C.M.P.(MD)No.1821 of 2025; Madurai Bench of Madras High Court; Justice P. Vadamalai; decided 06.03.2025; Section 24 Code of Civil Procedure transfer petition; matrimonial dispute; wife's convenience predominant; H.M.O.P.No.22 of 2023 restitution of conjugal rights Family Court Mannargudi transferred to Principal Sub Court Pudukkottai; wife's divorce suit H.M.O.P.No.27 of 2023 Principal Sub Court Pudukkottai; records transmission within three weeks; disposal within five months; no costs.

What did the court decide?

Transfer of H.M.O.P.No.22 of 2023 from the Family Court, Mannargudi to the Principal Sub Court, Pudukkottai; records to be transmitted within three weeks; disposal directed within five months; no costs; connected C.M.P.(MD)No.1821 of 2025 closed. ¶38

Anitha Vs Rengarajan — 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Whether the proceeding in H.M.O.P.No.22 of 2023 on the file of the Family Court, Mannargudi should be withdrawn and transferred to the file of the Principal Sub Court, Pudukkottai, considering the convenience of the petitioner/wife.

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Court's answer

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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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 Family Court, Mannargudi is directed to transmit the entire records of H.M.O.P.No.22 of 2023 to the Principal Sub Court, Pudukkottai within three weeks from receipt of a copy of the order.ratio¶37
On receipt of the transmitted records, the Principal Sub Court, Pudukkottai is directed to take the case on file and dispose of it in accordance with law within five months from the date of receipt of records.ratio¶37

Detailed headnote1 paragraphs

Transfer Civil Miscellaneous Petition under Section 24 CPC by the wife (Anitha) allowed: her husband's (Rengarajan) restitution of conjugal rights proceeding in H.M.O.P.No.22 of 2023 on the file of the Family Court, Mannargudi is withdrawn and transferred to the file of the Principal Sub Court, Pudukkottai. Parties married on 30.10.2017 at Pudukkottai District; the wife resides at Kallalangudi Village, Pudukkottai District, about 96 Kms from Mannargudi, and finds travel for every hearing difficult; the husband raised no objection and sought a time frame. The Court held that in transfer petitions in matrimonial disputes the convenience of the wife is predominantly to be looked into. Family Court, Mannargudi directed to transmit records within three weeks; Principal Sub Court, Pudukkottai directed to dispose of the case within five months of receipt of records. No costs; connected C.M.P.(MD)No.1821 of 2025 closed.

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Tr.CMP.(MD)No.70 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 06.03.2025

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CORAM

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THE HON'BLE MR JUSTICE P. VADAMALAI

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Tr.CMP.(MD)No.70 of 2025 and C.M.P.(MD)No.1821 of 2025

Anitha

.. Petitioner

Vs.

Rengarajan

.. 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.22 of 2023 on the file of the Family Court, Mannargudi and transfer the same to the file of the Principal Sub Court, Pudukkottai.

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For Petitioner : Ms.A.Banumathy

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For Respondent : Mr.S.Arunachalam

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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.22 of 2023 on the file of the Family Court, Mannargudi and transfer the same to the file of the Principal Sub Court, Pudukkottai.

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

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Tr.CMP.(MD)No.70 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 30.10.2017 at Pudukkottai District as per the Hindu Rites and Customs.

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Due to disputes and differences, the parties have separated, and the petitioner/wife has initiated a proceeding in H.M.O.P.No.27 of 2023 on the file of the Principal Sub Court, Pudukkottai seeking divorce. The respondent/husband has initiated the proceeding in H.M.O.P.No.22 of 2023 on the file of the Family Court, Mannargudi 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 at Kallalangudi Village, Pudukkottai District under the care of her parents. The distance between Pudukkottai and Mannargudi is around 96 Kms, and the petitioner/wife, being a lady, finds it very difficult to travel such a long distance for attending every Court

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Page No 2 of 5

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

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Tr.CMP.(MD)No.70 of 2025

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hearing. Hence, she seeks transfer of proceeding in H.M.O.P.No.22 of 2023 from the file of the Family Court, Mannargudi to the file of the Principal Sub Court, Pudukkottai.

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The learned counsel for the respondent would submit that the respondent/husband has no objection to allow this petition. Further, he would pray that some time frame may be given to the learned Principal Subordinate Judge, Pudukkottai to dispose of the case.

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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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The learned Judge, Family Court, Mannargudi is directed to

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transmit the entire records pertaining to the case, in H.M.O.P.No.22 of

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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.70 of 2025

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2023, to the file of the Principal Sub Court, Pudukkottai 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, Pudukkottai is directed to take the case on file and dispose of the case in accordance with law within a period of five months from the date of receipt of records.

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