J.Arulselvi v. a.Parthibarajan

Madras HC22 Apr 2025TR CMP(MD)/72/2025

Case brief

AI extract

What is this about?

Tr.CMP.(MD)No.72 of 2025; C.M.P.(MD)No.1869 of 2025; Section 24 Code of Civil Procedure; transfer petition; matrimonial dispute; divorce H.M.O.P.No.280 of 2024; Sub Court Thirumangalam to Principal Sub Court Tindivanam; convenience of wife predominant and given preference; wife Village Administrative Officer Villupuram; 660 Kms travel; mediation and conciliation centre no agreement; formal objection by respondent; Madras High Court Madurai Bench; Justice P. Vadamalai; 22.04.2025; allowed; no costs.

What did the court decide?

Transfer of the proceeding in H.M.O.P.No.280 of 2024 from the file of the Sub Court, Thirumangalam to the file of the Principal Sub Court, Tindivanam; records to be transmitted within three weeks; no costs; connected C.M.P.(MD)No.1869 of 2025 closed. ¶¶38

J.Arulselvi Vs a.Parthibarajan — 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in H.M.O.P.No.280 of 2024 (divorce suit initiated by the husband) pending before the Sub Court, Thirumangalam should be withdrawn from that court and transferred to the file of the Principal Sub Court, Tindivanam, taking into account predominantly the convenience of the petitioner/wife.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 also the convenience of the wife, the Court was inclined to allow the transfer petition and allowed it.

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Key takeaways

The learned Judge, Sub Court, Thirumangalam was directed to transmit the entire records of H.M.O.P.No.280 of 2024 to the Principal Sub Court, Tindivanam within three weeks of receipt of a copy of the order; on receipt, the learned Judge, Principal Sub Court, Tindivanam was directed to take the case on file and dispose of it as expeditiously as possible in accordance with law.ratio¶¶37

Detailed headnote1 paragraphs

Transfer of matrimonial proceeding — S.24, Code of Civil Procedure: Wife-petitioner (J.Arulselvi), employed as Village Administrative Officer and residing at Tindivanam Taluk, Villupuram District, sought withdrawal of H.M.O.P.No.280 of 2024 (divorce suit initiated by her husband A.Parthibarajan) from the Sub Court, Thirumangalam and its transfer to the Principal Sub Court, Tindivanam, the Tindivanam–Madurai round trip being around 660 Kms. An earlier reference on 20.03.2025 to the Mediation and Conciliation Centre ended without agreement (report dated 09.04.2025); the respondent raised only a formal objection. Held (P. Vadamalai, J., 22.04.2025): whenever a transfer petition is filed in matrimonial disputes, the convenience of the wife should be predominantly looked into and given preference; accordingly the petition was allowed — records to be transmitted within three weeks, on receipt whereof the Principal Sub Court, Tindivanam to take the case on file and dispose of it expeditiously in accordance with law; no costs; connected C.M.P.(MD)No.1869 of 2025 closed.

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Tr.CMP.(MD)No.72 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 22.04.2025

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CORAM

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THE HON'BLE MR JUSTICE P. VADAMALAI

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Tr.CMP.(MD)No.72 of 2025 and C.M.P.(MD)No.1869 of 2025

J.Arulselvi

.. Petitioner

Vs.

A.Parthibarajan

.. 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.280 of 2024 on the file of the Sub Court, Thirumangalam and transfer the same to the file of the Principal Sub Court, Tindivanam.

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For Petitioner : M/s.Porkodi Karan for M/s.Polex Legal Solutions

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For Respondent : Mr.T.Vishnu

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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.280 of 2024 on the file of the Sub Court, Thirumangalam and transfer the same to the file of the Principal Sub

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Court, Tindivanam.

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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.72 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 06.06.2019 at Siva Jeya Mahal, Madurai as per the Hindu Rites and Customs.

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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.280 of 2024 on the file of the Sub Court, Thirumangalam seeking divorce.

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On the earlier occasion i.e. on 20.03.2025, this Court referred this case to the Mediation and Conciliation Centre attached to this Bench, and a report, dated 09.04.2025, has also been received by this Court stating that no agreement was reached. Despite referring the case to the Mediation on the request made by both the parties, there is no amicable settlement arrived between them.

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Heard the learned counsel for the petitioner and the learned

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counsel for the respondent.

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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.72 of 2025

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The learned counsel for the petitioner submits that the petitioner/wife is residing at Tindivanam Taluk, Villupuram District. Since she is working as Village Administrative Officer at Villupuram District, she would not be in a position to travel from Tindivanam to Madurai for the Court hearings at Madurai. The distance between Tindivanam and Madurai is around 660 Kms to and fro, and the petitioner/wife, being a lady, finds it very difficult to travel such a long distance for attending every Court hearing. Hence, she seeks transfer of proceeding in H.M.O.P.No.280 of 2024 from the file of the Sub Court, Thirumangalam to the file of the Principal Sub Court, Tindivanam.

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The learned counsel for the respondent has raised only formal objection to 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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Page No 3 of 5

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

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Tr.CMP.(MD)No.72 of 2025

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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

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this petition.

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The learned Judge, Sub Court, Thirumangalam is directed to transmit the entire records pertaining to the case, in H.M.O.P.No.280 of 2024, to the file of the Principal Sub Court, Tindivanam 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, Tindivanam 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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