Dismissed¶27

S.Nalina Devi, v. M.Karthik

Transfer petition – Section 24 CPC

Madras HC27 Jan 2026TR CMP/1041/2025

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What is this about?

High Court of Judicature at Madras (Dr. Justice A.D. Maria Clete), decided 27-01-2026; S.Nalina Devi vs. M.Karthik; TR CMP No. 1041 of 2025 and CMP No.23392 of 2025; Section 24 CPC transfer of matrimonial proceeding; H.M.O.P.No.53 of 2025, Sub-Court, Vandavasi to Family Court, Puducherry; Section 151 CPC interim stay; ex-parte decree of divorce dated 14.10.2025 rendered petition infructuous; transfer relief does not survive where nothing remains pending; Tr.CMP dismissed, connected CMP closed, no costs.

What did the court decide?

Once the main proceeding sought to be transferred has itself already been disposed of, the relief of transfer does not survive for consideration, and the transfer petition becomes unnecessary for adjudication as there is no pending lis available for transfer. ¶23

S.Nalina Devi, Vs M.Karthik — Madras HC (2026) — LawSathi Research

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Tr.CMP No.1041 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 27-01-2026

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CORAM

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THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE

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TR CMP No. 1041 of 2025 and CMP No.23392 of 2025

S.Nalina Devi

...Petitioner(s)

Vs.

M.Karthik

...Respondent(s)

Prayer in Tr.CMP No.1041 of 2025:

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Transfer Civil Miscellaneous Petition is filed under Section 24 of Code of Civil Procedure, pleased to withdraw the H.M.O.P.No.53 of 2025 on the file of the SubCourt, Vandavasi and transfer the same to the Family Court, Puducherry by appreciating the above said facts and circumstance of the case and thus render justice.

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Prayer in CMP No.23392 of 2025: Petition filed under Section 151 of Code of Civil Procedure, pleased to stay all further proceedings in H.M.O.P.No.53 of 2025 pending on the file of the Sub-Court, Vandavasi pending disposal of the above Transfer Civil Miscellaneous Petition.

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For Petitioner(s) : Mr.J.Aravind. For Respondent(s) : Mr.K.Selvanayagam.

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

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Tr.CMP No.1041 of 2025

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ORDER

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Heard

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This Transfer Civil Miscellaneous Petition has been filed by the wife under Section 24 of the Code of Civil Procedure seeking to withdraw H.M.O.P.No.53 of 2025 from the file of the Sub-Court, Vandavasi and to transfer the same to the Family Court, Puducherry.

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The learned counsel appearing for the respondent has brought to the notice of this Court that the very underlying matrimonial proceeding, i.e., H.M.O.P.No.53 of 2025 on the file of the Sub-Court, Vandavasi, has already been disposed of by an ex-parte decree of divorce dated 14.10.2025. The respondent has filed a memo to that effect and has stated that, in view of such disposal, the present Transfer Civil Miscellaneous Petition has become infructuous.

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This Court finds that once the main proceeding sought to be transferred has itself already been disposed of, the relief of transfer does not survive for consideration. The Transfer Civil Miscellaneous Petition, therefore, becomes unnecessary for adjudication as there is no pending lis available for transfer.

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

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Tr.CMP No.1041 of 2025

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In such circumstances, no further effective order can be passed on merits in the Transfer Civil Miscellaneous Petition. Hence, the Transfer Civil Miscellaneous Petition is liable to be dismissed. Accordingly, Tr.CMP No.1041 of 2025 is dismissed. Consequently, CMP No.23392 of 2025 is closed . No costs.

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27.01.2026

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Index:Yes/No Neutral Citation:Yes/No Internet:Yes dsn

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

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Tr.CMP No.1041 of 2025

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DR. A.D.MARIA CLETE