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Niveditha v. Nishanth.G

Madras HC5 Feb 2026TR CMP/1290/2025

Case brief

AI extract

What is this about?

Niveditha v Nishanth.G; TR CMP No. 1290 of 2025; High Court of Judicature at Madras; Dr. Justice A.D. Maria Clete; Section 24 CPC transfer petition; Section 9 Hindu Marriage Act restitution of conjugal rights; HMOP No.228 of 2025 Subordinate Court Tambaram; H.M.O.P. No.2927 of 2025 III Additional Family Court Chennai; clubbing of matrimonial petitions; avoidance of conflicting decisions; transfer allowed 05-02-2026; no costs.

What did the court decide?

HMOP No.228 of 2025 withdrawn from the Subordinate Court, Tambaram and transferred to the III Additional Family Court, Chennai to be tried along with HMOP No.2927 of 2025; records to be transmitted within three weeks of receipt of the order; matter to be disposed of in accordance with law as expeditiously as possible, uninfluenced by observations in this order; no order as to costs.

Niveditha Vs Nishanth.G — Matrimonial and Divorce | Madras HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether HMOP No.228 of 2025, filed by the petitioner/wife under section 9 of the Hindu Marriage Act and pending before the Subordinate Court, Tambaram, should be withdrawn and transferred to the III Additional Family Court, Chennai, to be tried along with H.M.O.P. No.2927 of 2025 filed by the respondent/husband.

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Court's answer

To avoid conflicting decisions from two different courts in respect of the same matrimonial dispute between the same parties, it is just and proper that H.M.O.P. No. 228 of 2025, pending before the Subordinate Court, Tambaram, be transferred to the III Additional Family Court, Chennai, a specialised forum for adjudicating matrimonial matters where H.M.O.P. No. 2927 of 2025 is pending.

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Ratio / Principle

TR CMP No. 1290 of 2025 is allowed; HMOP No.228 of 2025 on the file of the Subordinate Court, Tambaram is withdrawn and transferred to the file of the III Additional Family Court, Chennai.

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Key takeaways

Directions accompanying the transfer: the Subordinate Court, Tambaram shall transmit the entire records to the III Additional Family Court, Chennai within three weeks from receipt of the order; the III Additional Family Court, Chennai shall dispose of the matter in accordance with law, as expeditiously as possible, uninfluenced by any observations made in this order; no order as to costs.ratio¶35

Detailed headnote1 paragraphs

Transfer petition under section 24 CPC allowed (Madras HC, single judge, order dated 05-02-2026). Niveditha married Nishanth.G on 23.06.2023 per Hindu rites; a male child was born on 01.01.2024. The wife had filed HMOP No.228 of 2025 under section 9, Hindu Marriage Act (restitution of conjugal rights) before the Subordinate Court, Tambaram, where it stood at the counter stage and was yet to be referred to counselling or mediation; the husband had filed H.M.O.P. No.2927 of 2025 before the III Additional Family Court, Chennai, where counselling had commenced. Both parties reside in Chennai and the child is with the petitioner. With no representation from the respondent, the Court held that transferring H.M.O.P. No.228 of 2025 to the III Additional Family Court, Chennai — described as a specialised forum for adjudicating matrimonial matters — was just and proper to avoid conflicting decisions on the same matrimonial dispute between the same parties. Records to move within three weeks; disposal expeditious and uninfluenced by this order's observations; no costs.

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TR CMP No. 1290 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 05-02-2026

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CORAM

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THE HON'BLE DR.JUSTICE A.D.MARIA CLETE

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TR CMP No. 1290 of 2025

Niveditha

..Petitioner

Nishanth.G

..Respondent

Prayer in TR CMP No. 1290 of 2025: Petition filed under section 24 of CPC to

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order for withdrawal of HMOP No.228 of 2025 on the file of the Learned Sub Ordinate Court, Tambaram and consequently transfer the same to the file of the Learned III Addl. Family Court, Chennai to be tried along with HMOP. No.2927 of 2025.

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For Petitioner: S.Kartik

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For Respondent: No appearance

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__________ Page1 of 5

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

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TR CMP No. 1290 of 2025

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Order

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Heard.

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This Transfer Miscellaneous Petition is filed by the petitioner/wife seeking withdrawal of HMOP No.228 of 2025 from the file of the Sub Ordinate Court, Tambaram and consequently transfer the same to the file of the III Additional Family Court, Chennai to be tried along with HMOP. No.2927 of 2025.

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The case of the petitioner is that the marriage between the petitioner and the respondent was solemnised on 23.06.2023 at Thiruthangal Nadar Arangam, Washermanpet Chennai as per Hindu rites and customs and out of the wedlock a male child is born on 01.01.2024.

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The petitioner wife filed a case under section 9 of the Hindu Marriage Act in HMOP No.228 of 2025 seeking for restitution of conjugal right before the Sub Ordinate Court, Tambaram and the case is in the stage of filing counter. Respondent/husband has filed a case in H.M.O.P. No. 2927 of 2025 on the file of the Learned III Additional Family Court, Chennai.

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The learned counsel for the petitioner/wife submitted that in the case

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Page2 of 5

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

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TR CMP No. 1290 of 2025

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filed by husband in H.M.O.P. No. 2927 of 2025 the counselling process has been started, whereas, in the case filed by the petitioner wife in H.M.O.P. No. 228 of 2025 before the Sub Court, Tambaram, the matter is yet to be referred to counselling or mediation. It is also submitted that no prejudice would be caused to the respondent, if the transfer petition is allowed.

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Today, when the matter is taken up for hearing, there is no representation for the respondent.

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In the present case, it was submitted that both residing in Chennai and their one year old child is with the petitioner and the petitioner herself wants the case instituted by her to be transferred to III Additional Family Court Chennai. Therefore in order to avoid conflicting decisions from two different Courts in respect of the same matrimonial dispute between the same parties, it is just and proper that H.M.O.P. No. 228 of 2025, pending before the Learned Subordinate Court, Tambaram, be transferred to the file of the Learned III Additional Family Court, Chennai, to be tried along with H.M.O.P. No. 2927 of 2025 which is a which is a specialised forum for adjudicating matrimonial matter.

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Accordingly, TR CMP No. 1290 of 2025 is allowed. HMOP No.228 of 2025 on the file of the Sub Ordinate Court, Tambaram is withdrawn and transferred to the file of the III Additional Family Court, Chennai. The

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Page3 of 5

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

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TR CMP No. 1290 of 2025

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Subordinate Court, Tambaram shall transmit the entire records to the III Additional Family Court, Chennai within three weeks from the date of receipt of this order and the III Additional Family Court, Chennai shall dispose of the matter in accordance with law, as expeditiously as possible, uninfluenced by any observations made in this order. There shall be no order as to costs.

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05-02-2026

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Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No

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SHL

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