Allowed¶27

V.Vinothini v. Mohan Prakash

Madras HC22 Jan 2026TR CMP/1163/2025

Case brief

AI extract

What is this about?

Madras HC, Tr.CMP.No.1163 of 2025 & CMP.No.26178 of 2025, 22.01.2026, Dr. Justice A.D. Maria Clete: wife's Section 24 CPC transfer petition allowed; HMOP No.139 of 2016 moved from Subordinate Court, Theni to Family Court, Chennai on grounds of petitioner's Chennai residence/work, minor daughter's schooling and sole care, unwell senior-citizen parents, and about 510 kms travel hardship per hearing; respondent employed abroad (Netherlands) with business visits and Chennai accommodation; Section 151 CPC stay petition closed; no order as to costs.

What did the court decide?

Withdrawal of H.M.O.P.No.139 of 2016 from the Subordinate Court, Theni and its transfer to the Family Court, Chennai for disposal in accordance with law; records to be transmitted forthwith; stay petition CMP.No.26178 of 2025 closed; no order as to costs. ¶27

V.Vinothini Vs Mohan Prakash — Madras HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether H.M.O.P.No.139 of 2016 pending before the Subordinate Court, Theni should be withdrawn and transferred to the Family Court, Chennai. +1 more

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Court's answer

The pleaded circumstances justify transfer: (i) petitioner and minor child settled at Chennai, (ii) absence of dependable support for travel/child-care, and (iii) the substantial distance (about 510 kms travel per hearing at Theni).

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Ratio / Principle

Tr.C.M.P.No.1163 of 2025 is allowed; H.M.O.P.No.139 of 2016 pending at Subordinate Court, Theni is withdrawn and transferred to the file of the Family Court, Chennai for disposal in accordance with law.

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Key takeaways

The Court at Theni is directed to transmit the entire records to the Family Court, Chennai forthwith.ratio¶29
The stay petition C.M.P.No.26178 of 2025 is closed, with no order as to costs.ratio¶29

Detailed headnote1 paragraphs

Transfer petition under S.24 CPC allowed — Madras High Court (Dr. Justice A.D. Maria Clete, 22.01.2026): H.M.O.P.No.139 of 2016 pending before the Subordinate Court, Theni withdrawn and transferred to the Family Court, Chennai for disposal in accordance with law. Grounds accepted: petitioner resides and works at Chennai; the minor daughter studies there and is solely cared for by her; her parents are senior citizens and unwell, with no dependable travel/child-care assistance; attending hearings at Theni entails about 510 kms travel on every hearing, causing serious hardship, expense and practical difficulty. Respondent stated to be employed abroad (Netherlands), with petitioner asserting his business visits and accommodation at Chennai make appearance there comparatively feasible. Theni court directed to transmit entire records forthwith; companion stay petition C.M.P.No.26178 of 2025 (S.151 CPC) closed; no order as to costs.

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Tr.CMP.No.1163 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 22.01.2026

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CORAM

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THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE

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Tr.CMP.No.1163 of 2025 and CMP.No.26178 of 2025

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V. Vinothini … Petitioner

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Vs.

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Mohan Prakash … Respondent

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Prayer in Tr.C.M.P.No.1163 of 202 5 : This Transfer Civil Miscellaneous

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Petition filed under Section 24 of Civil Procedure Code to withdraw the HMOP No.139 of 2016 pending on the file of the Subordinate Court, Theni and transfer the same to the Family Court, Chennai.

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Prayer in C.M.P. No.26178 of 202 5 : This Civil Miscellaneous Petition filed

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under Section 151 of Civil Procedure Code to stay of all the proceedings in HMOP.No.139 of 2016 on the file of Subordinate Court, Theni till pending disposal of the TR.CMP.

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For Petitioner : M/s.R.Sudha For Respondent : M/s.Conscious Ilango.S

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1/5

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

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ORDER

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Tr.CMP.No.1163 of 2025

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Heard.

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This Transfer Civil Miscellaneous Petition has been filed by the petitioner/wife seeking withdrawal of H.M.O.P.No.139 of 2016 pending at Subordinate Court, Theni and transfer of the same to the Family Court, Chennai.

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The petitioner states that she is presently residing and working at Chennai, and that the minor daughter is also studying at Chennai. She pleads that she is solely taking care of the child, her parents are senior citizens and unwell, and that she has no dependable assistance for travel and child-care.

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The petitioner further pleads that attending the proceedings at Theni requires long-distance travel (about 510 kms) on every hearing, causing serious hardship, expense and practical difficulty, particularly when the child has to be left behind without adequate support.

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On the other hand, the respondent is stated to be employed abroad (Netherlands) and the petitioner asserts that he has business visits and 2/5

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

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Tr.CMP.No.1163 of 2025 accommodation at Chennai, thereby making his appearance at Chennai comparatively feasible.

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In the present case, the pleaded circumstances (i) the petitioner and minor child being settled at Chennai, (ii) absence of dependable support for travel/child-care, and (iii) the substantial distance involved justify transfer.

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Accordingly, Tr.C.M.P.No.1163 of 2025 is allowed. H.M.O.P.No.139 of

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2016 pending at Subordinate Court, Theni is withdrawn and transferred to the file of the Family Court, Chennai, for disposal in accordance with law.

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The Court at Theni shall transmit the entire records to the Family Court, Chennai forthwith. The Family Court, Chennai shall take up the matter on receipt of records and proceed in accordance with law. C.M.P.No.26178 of 2025 is closed. No order as to costs.

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22.01.2026

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Index : Yes/No Speaking order : Yes/No dpq

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3/5

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

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Tr.CMP.No.1163 of 2025

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