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Tamilarasi v. Dinesh

Madras HC27 Mar 2026TR CMP/143/2026

Case brief

AI extract

What is this about?

Transfer petition; Section 24 CPC; matrimonial case transfer; wife's travel hardship; convenience of working wife; Grade II Police Constable; child's schooling in Chennai; Family Court Sivagangai to IV Additional Principal Family Court Chennai; H.M.O.P.No.147 of 2025; respondent non-appearance; Mona Aresh Goel; Geeta Heera; Lalita A. Ranga; Supreme Court transfer principles; Madras High Court; TR CMP No.143 of 2026; no costs; connected CMP closed.

What did the court decide?

Transfer of H.M.O.P.No.147 of 2025 from the Family Court, Sivagangai to the IV Additional Principal Family Court, Chennai; transferee court to try and dispose of the matter in accordance with law at the earliest; no costs; connected Civil Miscellaneous Petition (CMP No.4551 of 2026) closed. ¶30

Tamilarasi Vs Dinesh — 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.147 of 2025 pending before the Family Court, Sivagangai should be transferred to a Family Court at Chennai, given that the petitioner/wife resides and works in Chennai (as a Grade II Police Constable), her seven-year-old child studies at Asan Memorial School, Chennai, and she finds it very difficult to travel from Chennai to Sivagangai for all hearings.

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Court's answer

Considering the petitioner/wife's circumstances, her request for transfer appears to be based on justifiable cause, and the Transfer Civil Miscellaneous Petition is accordingly allowed.

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Ratio / Principle

H.M.O.P.No.147 of 2025 pending on the file of the Family Court, Sivagangai is withdrawn and transferred to the file of the IV Additional Principal Family Court, Chennai.

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Key takeaways

On receipt of the records, the IV Additional Principal Family Court, Chennai is directed to try and dispose of the matter in accordance with law at the earliest; no costs are awarded and the connected Civil Miscellaneous Petition is closed.ratio¶36

Detailed headnote1 paragraphs

Madras High Court (R. Kalaimathi, J.) allowed a wife's transfer petition filed under Section 24 of C.P.C. seeking withdrawal of H.M.O.P.No.147 of 2025 (matrimonial suit instituted by her husband Dinesh) from the Family Court, Sivagangai and its transfer to Chennai. Grounds: the petitioner-wife was selected in 2021 as a Grade II Police Constable and works in Chennai (Egmore-F2), her seven-year-old child studies at Asan Memorial School, Chennai, and she found it very difficult to travel from Chennai to Sivagangai for hearings. The court noted the settled Supreme Court principles on transfer of matrimonial cases, citing Mona Aresh Goel vs. Aresh Satya Goel (AIR 2000 SC 3512 (1)), Geeta Heera Vs. Harish Chander Heera (2000 (10) SCC 304) and Lalita A. Ranga Vs. Ajay Champalal Ranja ((2009) 9 SCC 355), found the request based on justifiable cause, and ordered withdrawal and transfer to the IV Additional Principal Family Court, Chennai, directing disposal in accordance with law at the earliest. The respondent, though noticed and named in the cause list, did not appear. No costs; connected CMP No.4551 of 2026 closed.

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TR CMP No. 143 of 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 27-03-2026

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CORAM

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THE HON'BLE MRS.JUSTICE R. KALAIMATHI

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TR CMP No.143 of 2026 AND CMP NO.4551 OF 2026

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Tamilarasi ..Petitioner(s)

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Vs.

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Dinesh ..Respondent(s)

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Prayer : This Transfer Civil Miscellaneous Petition is filed under Section 24 of C.P.C.to withdraw H.M.O.P.No.147 of 2025 from the file of the Family Court Sivagangai at Sivagangai District and transfer the same to the Family Court at Chennai .

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For Petitioner(s) : Mr.D.,Manojkumar

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For Respondent(s) : No Appearance

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ORDER

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Heard the learned counsel for the petitioner.

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2. Despite the receipt of notice, the respondent’s name having been

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printed in the cause list, respondent neither appeared nor entered appearance through his counsel.

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Page1 of 4

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

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TR CMP No. 143 of 2026

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The petitioner/wife would aver that her husband Mr.Dinesh. s/o.Gurusamy has instituted H.M.O.P.No.147 of 2025 which is pending before the Family Court, Sivagangai. She would further aver that in the year 2021, she was selected as a Grade II Police Constable in the Uniformed Services at Tamil Nadu and is presently working in Chennai ( Egmore- F2). She would also aver that she has a child aged about seven years, who is studying at Asan Memorial School, Chennai. She would further state that she finds it very difficult to travel from Chennai to Sivagangai for all the hearings.

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The learned counsel for the petitioner would reiterate the said contentions and strenuously argue that and she has to travel all the way from Chennai to Sivagangai for all the hearings, and hence prays for allowing this petition.

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The principles regarding transfer petitions, more specifically in the matters of matrimonial cases are well settled by the Hon’ble Supreme Court in the following cases:-

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“ i. In AIR 2000 SC 3512 (1) (Mona Aresh Goel vs. Aresh Satya Goel), when the wife pleaded that she was unable to bear the traveling expenses and even to travel alone and stay at Bombay, the Supreme Court ordered transfer of proceedings.

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__________ Page2 of 4

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

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TR CMP No. 143 of 2026

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ii. In 2000 (10) SCC 304 (Geeta Heera Vs. Harish Chander Heera), the Hon’ble Supreme Court has held that where the petitioner's wife has pleaded lack of money, the same has to be considered.

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iii. In Lalita A. Ranga Vs. Ajay Champalal Ranja reported in (2009) 9 SCC 355 , wherein the wife, who was having small child and she was finding it difficult to travel from Jaipur to Bombay, and the Hon’ble Apex Court accepting her request ordered the transfer petition in favour of the wife transferring the transfer petition from Family Court at Bandra in Mumbai to the Family Court at Jaipur.”

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On perusal of petition filed in H.M.O.P.No.147 of 2025, it appears that petitioner/husband is the resident of Vellikurichi Post, Manamadurai Taluk, Sivagangai District and the respondent/wife is resident of Choolaimedu, Chennai District.

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In consideration of the above said details, the request of the petitioner herein / wife appears to be based on justifiable cause and accordingly, this Transfer Civil Miscellaneous Petition is allowed. Sequel to this, H.M.O.P.No.147 of 2025 pending on the file of the Family Court, Sivagangai is withdrawn and transferred to the file of the IV Additional Principal Family Court, Chennai. The IV Additional Principal Family Court, Chennai on

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Page3 of 4

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

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TR CMP No. 143 of 2026

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R.KALAIMATHI, J.

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KKD

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receipt of the records 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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27-03-2026

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

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