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Sathiyeshwari v. Sridhar Prakash

Madras HC17 Feb 2026TR CMP/1115/2025

Case brief

AI extract

What is this about?

Transfer of matrimonial proceeding under S.24 CPC; wife's convenience as relevant consideration; plea of financial hardship and 200+ km travel difficulty; M.O.P. No.373 of 2025 transferred from Family Court, Pondicherry to Sub Court, Srikazhi; respondent had no objection; records transmission directed within three weeks; consequential interim-stay C.M.P. closed; no costs; Madras High Court, single judge, order dated 17.02.2026.

What did the court decide?

Transfer petition allowed: M.O.P. No.373 of 2025 withdrawn from the Family Court, Pondicherry and transferred to the Sub Court, Srikazhi; entire records to be transmitted within three weeks; matter to be disposed uninfluenced by observations; consequential C.M.P. No.25288 of 2025 (numbered C.M.P.No.25228 of 2025 in the cause title/prayer) closed; no order as to costs. ¶28

Sathiyeshwari Vs Sridhar Prakash — Madras HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether M.O.P. No.373 of 2025 pending before the Family Court, Pondicherry should be withdrawn and transferred to the file of the Sub Court, Srikazhi under Section 24 CPC on the ground of the wife-petitioner's convenience and hardship.

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Court's answer

While considering transfer under Section 24 CPC, the Court is required to weigh the ends of justice and the comparative convenience of parties; in matrimonial proceedings, the convenience of the wife is a relevant consideration, particularly when she pleads financial hardship and difficulty in travelling to the court where proceedings are instituted.

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Ratio / Principle

M.O.P. No.373 of 2025 on the file of the Family Court, Pondicherry is withdrawn and transferred to the file of the Sub Court, Srikazhi; the Family Court, Pondicherry is to transmit the entire records to the Sub Court, Srikazhi within three weeks, and the matter is to be disposed of in accordance with law as expeditiously as possible, uninfluenced by any observations made in the order.

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Detailed headnote1 paragraphs

Madras High Court (Dr. Justice A.D. Maria Clete), 17.02.2026 — Tr.CMP No.1115 of 2025 under Section 24 CPC filed by the wife seeking withdrawal of M.O.P. No.373 of 2025 from the Family Court, Pondicherry and its transfer to the Sub Court, Srikazhi. Petitioner pleaded that the marriage (solemnised 02.02.2025) had broken down, that she lives separately at Srikazhi with her oldaged parents undergoing medical treatment, has a poor family situation, and finds it extremely difficult to travel more than 200 km to and fro to Pondicherry; respondent's counsel had no objection to allowing the petition. Held: while considering transfer under Section 24 CPC the Court weighs the ends of justice and comparative convenience of parties, and in matrimonial proceedings the convenience of the wife is a relevant consideration, particularly where financial hardship and travel difficulty are pleaded. Petition allowed: M.O.P. No.373 of 2025 withdrawn and transferred to the Sub Court, Srikazhi; records to be transmitted within three weeks; disposal uninfluenced by observations; consequential C.M.P. closed; no order as to costs.

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Tr.CMP No.1115 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 17.02.2026

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CORAM

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THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE

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TR.C.M.P.No.1115 of 2025 and C.M.P.No.25228 of 2025

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Mrs.Sathiyeshwari, W/o.Sridhar Prakash, D/o.Sankar, No.2/243, Thirunagari Street, Vedharajapuram, Srikazhi Taluk, Mailaduthurai District. ...Petitioner

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Vs.

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Sridhar Prakash, S/o.Sridhar, No.101-B, Muthumariamman Kovil Street, Raj Bhavan, Puducherry. ...Respondent

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PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code to pass orders to withdraw the M.O.P. No. 373 of 2025 pending on the file of the Family Court, Pondicherry and transfer the same to the Subordinate Judge, Srikazhi and pass such further or other order as this Court may deem fit and proper to the facts and circumstances of the case and thus render justice.

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Prayer in C.M.P.: Petition filed under Section 151 of Civil Procedure Code, pleased to pass an order of interim stay of the proceedings in M.O.P.No.373 of 2025 pending on the file of the Family Court, Pondicherry pending disposal of the Transfer petition and thus render justice.

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

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Tr.CMP No.1115 of 2025

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For Petitioner : Mr.S.Sivakumar.

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For Respondent : Mr.K.Shyam Sundar.

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O R D E R

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Heard.

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This Transfer Civil Miscellaneous Petition is filed by the wife seeking transfer of M.O.P. No.373 of 2025 pending on the file of the Family Court, Pondicherry to the file of the Subordinate Court, Srikazhi.

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The case of the petitioner is that the marriage between the petitioner and the respondent was solemnised on 02.02.2025 and thereafter differences arose; according to the petitioner, she has been living separately at Srikazhi with her oldaged parents who are suffering from medical treatments. The petitioner pleads that she has poor family situation and it is extremely difficult to travel for more than 200 kms to and fro to attend the Family Court, Pondicherry.

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The learned counsel for the respondent, on the other hand, submits that he has got no objection in allowing this petition.

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

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Tr.CMP No.1115 of 2025

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This Court, while considering transfer under Section 24 of C.P.C., is required

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to weigh the ends of justice and the comparative convenience of parties. In matrimonial proceedings, the convenience of the wife is a relevant consideration, particularly when she pleads financial hardship and difficulty in travelling to the Court where proceedings are instituted.

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6. Accordingly, Tr.C.M.P.No.1115 of 2025 is disposed of.

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M.O.P. No.373 of 2025 on the file of the Family court, Pondicherry is withdrawn and transferred to the file of the Sub Court, Srikazhi. The Family court, Pondicherry shall transmit the entire records to the Sub Court, Srikazhi, within a period of three (3) weeks from the date of receipt of this order and the Family Court, Chennai shall dispose of the matter in accordance with law, as expeditiously as possible, uninfluenced by any observations made in this order. Consequently, C.M.P. No.25288 of 2025 is closed. There shall be no order as to costs.

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17.02.2026

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

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

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Tr.CMP No.1115 of 2025

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