C.Abirami v. M.Shenbakesh Kishore

Madras HC13 Mar 2026TR CMP/1345/2025

Case brief

AI extract

What is this about?

Section 24 Civil Procedure Code transfer of matrimonial petition; H.M.O.P.No.51 of 2025 moved from Sub Court Vellore to Family Court Tiruvallur; wife's hardship - 145 Kms travel and one-year-old baby; residences Ananthapuram (Vellore Dist.) and Periyakuppam (Tiruvallur Dist.); justifiable cause; expeditious disposal directed; no costs; connected C.M.P. closed. Relevant searches: transfer of H.M.O.P./matrimonial proceedings, Section 24 CPC, Family Court jurisdiction, litigant convenience, distance-based transfer.

What did the court decide?

Transfer petition allowed: H.M.O.P.No.51 of 2025 withdrawn from the Subordinate Court at Vellore and transferred to the Family Court at Tiruvallur, with a direction to dispose of the matter at the earliest; no costs; connected C.M.P.No.31249 of 2025 closed. ¶¶28 (judgment para 6)

C.Abirami Vs M.Shenbakesh Kishore — Madras HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

¶¶28 (judgment para 6)

Issue for consideration

Whether H.M.O.P.No.51 of 2025 pending before the Subordinate Judge/Sub Court at Vellore should be withdrawn and transferred to the Family Court at Thiruvallur (rendered 'Tiruvallur' in the body of the order) on the wife's petition under Section 24 of the Civil Procedure Code, in view of her inability to travel more than 145 Kms and the care of a one-year-old baby.

¶¶19 (judgment para 2)

Ratio / Principle

On consideration of the residence particulars and the material placed before it, the court found the petitioner-wife's request to constitute justifiable cause and allowed the Transfer Civil Miscellaneous Petition.

¶¶28 (judgment para 6)

Key takeaways

H.M.O.P.No.51 of 2025 pending on the file of the Subordinate Court at Vellore was withdrawn and transferred to the file of the Family Court at Tiruvallur.ratio¶¶28 (judgment para 6)
The transferee court was directed to take effective steps to try and dispose of the transferred matrimonial matter in accordance with law at the earliest.ratio¶¶28 (judgment para 6)

Detailed headnote1 paragraphs

Madras High Court (R. Kalaimathi, J.), order dated 13.03.2026 in Tr.C.M.P.No.1345 of 2025 (with C.M.P.No.31249 of 2025): allowed the wife's petition under Section 24 of the Civil Procedure Code seeking withdrawal of H.M.O.P.No.51 of 2025 from the Sub Court, Vellore and its transfer to the Family Court at Thiruvallur (spelt 'Tiruvallur' in the body). The petitioner, respondent-wife in the matrimonial suit, pleaded inability to travel more than 145 Kms to Vellore and the difficulty of attending hearing dates with a one-year-old baby; the respondent-husband countered that travel was needed only on hearing dates and sought dismissal. Noting that the husband resided at Ananthapuram (Vellore District) and the wife at Periyakuppam (Tiruvallur District), the court found 'justifiable cause', ordered withdrawal and transfer, directed the Family Court, Tiruvallur to try and dispose of the matter in accordance with law at the earliest, awarded no costs, and closed the connected civil miscellaneous petition. No precedent was cited; the order rests on its own facts of distance and childcare.

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Tr.C.M.P.No.1345 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 13.03.2026

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CORAM

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THE HON'BLE Mrs.JUSTICE R.KALAIMATHI

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Tr.C.M.P.No.1345 of 2025

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and C.M.P.No.31249 of 2025

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D.Abirami ... Petitioner

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M.Shenbakesh Kishore ... Respondent

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PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, to withdraw the H.M.O.P.No.51 of 2025 pending on the file of the Subordinate Judge at Vellore, Vellore District and transfer the same to the Family Court at Thiruvallur, Thiruvallur District.

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For Petitioner : Mr.B.Gandhi For Respondent : Ms.M.Manimekalai

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ORDER

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Heard the learned counsel for the petitioner and the learned counsel for the respondent.

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

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Tr.C.M.P.No.1345 of 2025

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The petitioner who is the respondent / wife in H.M.O.P.No.51 of

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2025 on the file of Sub-Court, Vellore has filed this Transfer Civil Miscellaneous Petition seeking to transfer the said H.M.O.P., to the Family Court at Tiruvallur by stating that she is not in a position to travel to vellore for more than 145 Kms.

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Reiterating the said contention, the learned counsel for the

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petitioner would further add that she has got one year old baby and she finds it difficult to travel from Tiruvallur to Vellore for all hearing dates.

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Per contra, the learned counsel for the respondent would submit that on hearing dates alone she needs to travel and sought for dismissal of the Transfer Civil Miscellaneous Petition.

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On perusal of petition filed in H.M.O.P.No.51 of 2025, it appears that petitioner/husband is the resident of Vellore District (Ananthapuram) and the respondent/wife is the resident of Tiruvallur District (Periyakuppam).

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

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Tr.C.M.P.No.1345 of 2025

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In consideration of the above said details, the request of the

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petitioner herein / wife appears to be justifiable cause and accordingly, this Transfer Civil Miscellaneous Petition is allowed. Sequel to this, H.M.O.P.No.51 of 2025 pending on the file of the Subordinate Court at Vellore is withdrawn and transferred to the file of the Family Court at Tiruvallur. The Family Court, Tiruvallur shall take effective steps to try and dispose of the matter in accordance with law at the earliest. No Costs. Consequently, connected Civil Miscellaneous Petition is closed.

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13.03.2026

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

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