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Suguan @ Sugarnadevi v. Arunkumar

Madras HC3 Apr 2025TR CMP(MD)/96/2025

Case brief

AI extract

What is this about?

Tr.CMP.(MD)No.96 of 2025, Madras High Court (Madurai Bench), P. Vadamalai J., 03.04.2025 - transfer of matrimonial proceeding H.M.O.P.No.126 of 2024 (divorce) from Sub Court, Rajapalayam to Principal Sub Court, Madurai under Section 24 CPC on wife's convenience; parties Suguna @ Sugarnadevi v. Arunkumar; wife residing at Chennai with two children, ~570 Kms distance; no objection by respondent; petition allowed, no costs, connected C.M.P.(MD)No.2385 of 2025 closed.

What did the court decide?

Transfer of H.M.O.P.No.126 of 2024 from the Sub Court, Rajapalayam to the Principal Sub Court, Madurai allowed; records to be transmitted within three weeks; no costs; connected C.M.P.(MD)No.2385 of 2025 closed. ¶39

Suguan @ Sugarnadevi Vs Arunkumar — 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Whether the divorce proceeding in H.M.O.P.No.126 of 2024 pending on the file of the Sub Court, Rajapalayam should be withdrawn and transferred to the file of the Principal Sub Court, Madurai, having regard to the petitioner-wife's convenience.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, 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, Rajapalayam is directed to transmit the entire records in H.M.O.P.No.126 of 2024 to the Principal Sub Court, Madurai within three weeks from receipt of a copy of the order.ratio¶34
On receipt of the transmitted records, the learned Judge, Principal Sub Court, Madurai is directed to take the case on file and dispose of it as expeditiously as possible in accordance with law.ratio¶38

Detailed headnote1 paragraphs

Transfer Civil Miscellaneous Petition under S.24 CPC filed by the wife (Suguna @ Sugarnadevi) to withdraw H.M.O.P.No.126 of 2024, a divorce proceeding initiated by the husband (Arunkumar) before the Sub Court, Rajapalayam, and transfer it to the Principal Sub Court, Madurai. Wife resides with the two minor children at Porur, Chennai (about 570 Kms from Rajapalayam) and plans to move to Iyer Bungalow, Madurai; respondent's counsel raised no objection. Court held that in matrimonial transfer petitions the wife's convenience should predominantly be considered, allowed the petition without costs, directed transmission of records within three weeks and expeditious disposal by the Principal Sub Court, Madurai; connected C.M.P.(MD)No.2385 of 2025 closed.

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Tr.CMP.(MD)No.96 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 03.04.2025

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CORAM

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THE HON'BLE MR JUSTICE P. VADAMALAI

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Tr.CMP.(MD)No.96 of 2025 and C.M.P.(MD)No.2385 of 2025

Suguna @ Sugarnadevi

.. Petitioner

Vs.

Arunkumar

.. 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.126 of 2024 on the file of the Sub Court, Rajapalayam and transfer the same to the file of the Principal Sub Court, Madurai.

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For Petitioner : Mr.K.K.Samy

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For Respondent : Mr.S.Krishnan

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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.126 of 2024 on the file of the Sub Court, Rajapalayam and transfer the same to the file of the Principal 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.96 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 05.06.1998 at Anand Marriage Hall, D.P.Mills Road, Rajapalayam as per the Hindu Rites and Customs. Out of wedlock, two children, named Girisubburathinam and Karthigaiyazh Mozhi, were born.

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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.126 of 2024 on the file of the Sub Court, Rajapalayam seeking divorce.

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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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The learned counsel for the petitioner submits that since the children are studying at Chennai, the petitioner/wife is presently residing with her children at Porur in Chennai, and she will shift her residence to Iyer Bungalow, Madurai, where her mother resides, by the next academic year. The distance between Chennai and Rajapalayam is around 570 Kms, and the petitioner/wife, being a lady, finds it very difficult to travel such a

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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.96 of 2025

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long distance for attending every Court hearing along with two children. Hence, she seeks transfer of proceeding in H.M.O.P.No.126 of 2024 from

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the file of the Sub Court, Rajapalayam to the file of the Principal Sub Court, Madurai.

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The learned counsel for the respondent has not raised any 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 also considering the convenience of the wife, this Court is inclined to allow this petition.

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The learned Judge, Sub Court, Rajapalayam is directed to transmit the entire records pertaining to the case, in H.M.O.P.No.126 of 2024, to the file of the Principal Sub Court, Madurai within a period of three weeks from

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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.96 of 2025

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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 as expeditiously as possible in accordance with law.

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