Dismissed¶30

E.Manjula @ Tharani v. a.Hariharan

Madras HC12 Jan 2026TR CMP/117/2024

Case brief

AI extract

What is this about?

Madras High Court; Tr.CMP No.117 of 2024; transfer of divorce petition H.M.O.P. No. 330 of 2023; Family Court Thiruvallur to Subordinate Court Thiruvattiyur; Section 24 CPC; Section 151 CPC; Principal District Judge administrative control; same district judiciary; no exceptional circumstance; wife's hardship 80 Kms travel; interim stay 16.02.2024 vacated; petition dismissed; single judge Dr. Justice A.D. Maria Clete; decision date 12-01-2026.

What did the court decide?

No substantive relief; petitioner left open to approach the Principal District Judge, if so advised. ¶30

E.Manjula @ Tharani Vs a.Hariharan — Madras HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

No substantive relief; petitioner left open to approach the Principal District Judge, if so advised.

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Issue for consideration

Whether H.M.O.P. No. 330 of 2023 pending on the file of the Family Court, Thiruvallur should be withdrawn and transferred to the file of the Subordinate Court, Thiruvattiyur. +1 more

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Court's answer

TR.C.M.P. No.117 of 2024 is dismissed; the interim stay granted on 16.02.2024 stands vacated and C.M.P. No.2550 of 2024 is closed; no order as to costs.

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Ratio / Principle

Both the Family Court, Thiruvallur and the Subordinate Court, Thiruvattiyur function within the same civil jurisdiction/district judiciary; an efficacious statutory remedy under Section 24 CPC is available to the petitioner before the Principal District Judge having administrative control over both the said Courts.

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Key takeaways

In the absence of any exceptional circumstance made out, the High Court will not exercise its discretionary jurisdiction under Section 24 CPC in the first instance; the Transfer Civil Miscellaneous Petition is not entertained and stands dismissed, leaving it open to the petitioner to approach the Principal District Judge, if so advised.ratio¶29

Detailed headnote1 paragraphs

Transfer Civil Miscellaneous Petition under Section 24 CPC by the wife (E.Manjula @ Tharani) seeking withdrawal of H.M.O.P. No. 330 of 2023 (divorce suit instituted by the husband, A.Hariharan) from the Family Court, Thiruvallur and its transfer to the Subordinate Court, Thiruvattiyur — Dismissed. The petitioner, unemployed and residing with her parents at Manali, Chennai, pleaded hardship in travelling about 80 Kms to the Family Court at Thiruvallur. The Court held that both Courts function within the same civil jurisdiction/district judiciary and an efficacious statutory remedy under Section 24 CPC is available before the Principal District Judge having administrative control over both Courts; absent any exceptional circumstance, the High Court declined to exercise its discretionary jurisdiction under Section 24 CPC in the first instance and dismissed the petition, leaving the petitioner free to approach the Principal District Judge, if so advised. The interim stay granted on 16.02.2024 stands vacated; C.M.P. No.2550 of 2024 (Section 151 CPC stay petition) is closed; no order as to costs.

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Tr.CMP No.117 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 12-01-2026

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CORAM

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THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE

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TR CMP No. 117 of 2024 and CMP No.2550 of 2024

E.Manjula @ Tharani

...Petitioner(s)

A.Hariharan

...Respondent(s)

Prayer in Tr.CMP No.117 of 2024:

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Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, pleased to withdraw the H.M.O.P. No. 330 of 2023 pending on the file of the Family Court at Thiruvallur and transfer the same to the file of Subordinate Judge Court, Thiruvattiyur.

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Prayer in CMP No.2550 of 2024: Petition filed under Section 151 of Civil Procedure Code, pleased to stay all further proceedings in the H.M.O.P. No. 330 of 2023 on the file of the Family Court at Thiruvallur pending disposal of the above Transfer Civil Miscellaneous Petition.

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For Petitioner(s) : Mr.M.Nagoor Moideen For Respondent(s) : Mr.N.Jayachander

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

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Tr.CMP No.117 of 2024

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ORDER

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Heard

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This Transfer Civil Miscellaneous Petition has been filed seeking withdrawal of H.M.O.P. No. 330 of 2023, pending on the file of the Family Court, Thiruvallur and transfer the same to the file of Subordinate Court, Thiruvattiyur.

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The marriage between the petitioner and the respondent was solemnized on 25.02.2021 at Manali, Chennai as per Hindu rites and customs. The respondent/husband has instituted the divorce proceedings in H.M.O.P. No.330 of 2023 before the Family Court at Thiruvallur.

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According to the petitioner, she has been living separately and is now residing with her parents at Manali, Chennai. The petitioner pleads that she is unemployed and dependent on her aged parents, and has to travel for about 80 Kms to attend the Family Court at Thiruvallur, causing hardship.

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This Court notes that both the Courts viz., the Family Court, Thiruvallur and the Subordinate Court, Thiruvattiyur, are Courts functioning within the same civil jurisdiction/district judiciary. In such circumstances, an efficacious statutory remedy is available to the petitioner to invoke Section 24 CPC

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

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Tr.CMP No.117 of 2024

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before the Principal District Judge having administrative control over both the said Courts, for appropriate orders, if so advised.

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In the absence of any exceptional circumstance made out for this Court to exercise its discretionary jurisdiction under Section 24 CPC in the first instance, this Transfer Civil Miscellaneous Petition is not entertained and stands dismissed, leaving it open to the petitioner to approach the Principal District Judge, if so advised.

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Accordingly, TR.C.M.P. No.117 of 2024 is dismissed. Interim stay granted by this Court on 16.02.2024 shall stand vacated and C.M.P. No.2550 of 2024 is closed. There shall be no order as to costs.

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12.01.2026

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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.117 of 2024

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DR. A.D.MARIA CLETE