Tharaniya v. T.S.Saravanan

Madras HC4 Jun 2026TR CMP/358/2026

Case brief

AI extract

What is this about?

Madras High Court transfer petition under Section 24 CPC moving divorce case H.M.O.P.No.120 of 2025 out of Sub Court Gudiyatham; close-relative relationship barred transfer to petitioner-requested Sub Court Hosur, case routed to Sub Court Krishnagiri; petitioner Tharaniya (149 km distance, dependent on parents), respondent T.S.Saravanan; TR.C.M.P.No.358 of 2026; C.M.P.No.10082 of 2026 closed; judge T.V. Thamilselvi; dated 04-06-2026.

What did the court decide?

Transfer petition allowed: H.M.O.P.No.120 of 2025 withdrawn from the Sub Court, Gudiyatham and transferred to the Sub Court, Krishnagiri, with the Sub Court, Krishnagiri directed to notice both parties within 2 weeks of receipt of case papers and proceed per law; no costs imposed; connected C.M.P.No.10082 of 2026 closed. ¶¶33-¶34

Tharaniya Vs T.S.Saravanan — Madras HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the divorce case H.M.O.P.No.120 of 2025 filed by the respondent before the Sub Court, Gudiyatham should be withdrawn and transferred for the petitioner's convenience (she resides with her parents at Hosur, about 149 kms from Gudiyatham, with no source of income, and requested transfer to the Sub Court, Hosur).

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Court's answer

On perusal of records the Court found that the petitioner and the respondent are close relatives, and concluded that, due to the involvement of a close relative in the matter, the case could not be transferred to the Sub Court, Hosur (the petitioner-requested destination).

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Ratio / Principle

In the interest of justice, and for conducting a fair and proper trial, the Court chose to transfer the case to the Sub Court, Krishnagiri instead of the Sub Court, Hosur.

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Key takeaways

Having found merit in the submissions of learned counsel on either side and gone through the supporting affidavit, the Court confirmed its inclination to effect the transfer.obiter¶¶28
Operative transfer order: the case in H.M.O.P.No.120 of 2025 is withdrawn from the file of the Sub Court, Gudiyatham and transferred to the file of the Sub Court, Krishnagiri.ratio¶¶29
The Sub Court, Krishnagiri was directed that, after receipt of the case papers from the Sub Court, Gudiyatham, it shall send a notice to both parties within 2 weeks and, after service of notice, proceed with the matter in the manner known to law.

Detailed headnote1 paragraphs

Transfer petition (S.24 C.P.C.), High Court of Judicature at Madras, T.V. Thamilselvi, J., 04-06-2026: Tharaniya sought transfer of the respondent's divorce case H.M.O.P.No.120 of 2025 from the Sub Court, Gudiyatham to the Sub Court, Hosur, citing the 149 kms distance from her parental home, her dependence on her parents and lack of income. On perusal of records the Court found the petitioner and respondent to be close relatives and held that, because of that involvement, the case could not be sent to Hosur; in the interest of justice it transferred the case instead to the Sub Court, Krishnagiri for a fair and proper trial, directing that Court to notice both parties within 2 weeks of receiving the case papers and then proceed per law. Petition allowed; no costs; connected C.M.P.No.10082 of 2026 closed.

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TR CMP No. 358 of 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 04-06-2026

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CORAM

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THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI

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TR.C.M.P.No.358 of 2026 and C.M.P.No.10082 of 2026

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Tharaniya W/o. T.S.Saravanan, D/o.D.Chandrasekaran, Plot No.52, G.K.S.Nagar, Thenkanikottai Main Road, Near Hosur Govt. ITI, Krishnagiri District, Hosur - 635 110.

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..Petitioner(s)

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T.S.Saravanan S/o. T.A.Subramani, No.24/8, Achudhananda Swamy Street, Pichanoorpet, Gudiyatham - 632 602, Vellore District.

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..Respondent(s)

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Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C., praying to withdraw the H.M.O.P.No.120 of 2025 on the file of Learned Sub Ordinate Judge at Gudiyatham and transfer the same to the file of Subordinate Judge at Hosur.

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For Petitioner(s): Mr.A.Balamurugan For Respondent(s): Mr.K.Govi Ganesan

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

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TR CMP No. 358 of 2026

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ORDER

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This transfer civil miscellaneous petition has been filed to withdraw the case in H.M.O.P.No.120 of 2025 on the file of the Sub Court, Gudiyatham and transfer the same to the Sub Court, Hosur.

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2 .Heard both sides and perused the materials available on record.

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3.Learned counsel for the petitioner submits that the respondent filed a divorce petition in H.M.O.P.No.120 of 2025 before the Sub Court, Gudiyatham.

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The petitioner is residing with her parents. The distance between the petitioner’s residence and the Sub Court, Gudiyatham is 149 kms and it is very difficult for her to attend each and every hearing before the Sub Court, Gudiyatham. He further submits that the marriage was solemnized between the petitioner and the respondent in the year 2003. But they were not blessed with a baby. Since no source of income for the petitioner, she is depending upon her parents. Therefore, he prayed to transfer the case from Sub Court, Gudiyatham to Sub Court Hosur.

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4.Per contra, learned counsel for the respondent raised objection and submits that he is ready to file counter.

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

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TR CMP No. 358 of 2026

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5.On perusal of records, it is seen that the petitioner and respondent both

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are close relative. Due to involvement of a close relative in the matter, the case could not be transferred to the Sub Court, Hosur. Therefore, in the interest of justice, this Court is inclined to transfer the case to the Sub Court, Krishnagiri for conducting fair and proper trial.

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6.I have gone through the affidavit filed in support of the transfer petition as well. I find merit in the submissions made by the learned counsel on either side.

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7.Considering the submission made by the learned counsel appearing on either side, this Court is inclined to transfer the case on the file of the Sub Court, Gudiyatham to the file of the Sub Court, Krishnagiri. Accordingly, the case in H.M.O.P.No.120 of 2025 is hereby withdrawn from the file of the Sub Court, Gudiyatham and transferred to the file of the Sub Court, Krishnagiri. After receipt of the case papers from the Sub Court, Gudiyatham, the Sub Court, Krishnagiri is directed to send a notice to both the parties within 2 weeks. After due service of notice, the Sub Court, Krishnagiri is directed to proceed with the matter in the manner known to law.

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

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TR CMP No. 358 of 2026

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8.Accordingly, this transfer civil miscellaneous petition is allowed.

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No costs. Consequently, connected civil miscellaneous petition is closed.

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04-06-2026