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G.Shobana v. Kalidass

Transfer of matrimonial case – S.24 CPC

Madras HC19 Jun 2026TR CMP/366/2026

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Case brief

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What is this about?

G.Shobana v. Kalidass, TR CMP No. 366 of 2026 (with CMP.No.10577 of 2026), High Court of Judicature at Madras, coram Mrs. Justice T.V. Thamilselvi, dated 19-06-2026 — transfer petition under section 24 of the Civil Procedure Code; H.M.O.P. No.86 of 2025 (husband's divorce petition) transferred from Sub Court, Oddanchathiram to Sub Court, Bhavani, Erode District; wife's convenience (Ph.D. studies at Chennai, native place Bhavani); respondent served but no appearance; respondent does business at Salem, no prejudice; disposed of, no costs.

What did the court decide?

H.M.O.P. No.86 of 2025 withdrawn from the file of the Sub Court, Oddanchathiram and transferred to the file of the Sub Court, Bhavani, Erode District; no order as to costs; connected miscellaneous petition (CMP.No.10577 of 2026) closed. ¶27

G.Shobana Vs Kalidass — 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Whether H.M.O.P. No.86 of 2025, pending before the Sub Court, Oddanchathiram, should be withdrawn and transferred to the Sub Court, Bhavani, Erode District on the ground of the wife-petitioner's inconvenience.

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Court's answer

H.M.O.P. No.86 of 2025 is withdrawn from the file of the Sub Court, Oddanchathiram and transferred to the file of the Sub Court, Bhavani (sentence commences at para 21 and concludes at para 22 of the judgment).

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Ratio / Principle

On receipt of the records and taking the case on file, the transferee court is directed to issue notice to both parties and thereafter proceed with the matter in accordance with law.

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Key takeaways

The court found no prejudice would be caused to the respondent, who is a private entrepreneur carrying on business at Salem, while the petitioner is pursuing her Ph.D. and her native place is Bhavani; no children were born out of the wedlock.ratio¶20

Detailed headnote1 paragraphs

Transfer of matrimonial case — S.24 CPC — Wife-petitioner, continuing her Ph.D. studies (SRM College, Chennai) and whose native place is Bhavani, sought transfer of H.M.O.P. No.86 of 2025 (divorce petition filed by the husband) from the Sub Court, Oddanchathiram to the Sub Court, Bhavani, Erode District. Notice served on respondent; no appearance on his behalf. No children born out of the wedlock; respondent is a private entrepreneur carrying on business at Salem, hence no prejudice to him. Held: H.M.O.P. No.86 of 2025 withdrawn from the Sub Court, Oddanchathiram and transferred to the Sub Court, Bhavani; transferee court to issue notice to both parties and proceed in accordance with law. Petition disposed of; no order as to costs; connected miscellaneous petition closed.

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TR CMP No. 366 of 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 19-06-2026

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CORAM

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

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TR CMP No. 366 of 2026 and CMP.No.10577 of 2026

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G.Shobana W/o.Mr.Kalidass, D/o.Mr.Ganesan, At Door No.3/1-3, Varadhanallur, Bhavani Taluk, Erode District-638311.

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..Petitioner(s)

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Kalidass S/o.Karuppusamy, At Door No.107, Palanigoundanpudhur, Oddanchathiram Town, Oddanchathiram Taluk, Dindigul District.

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..Respondent(s)

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Prayer: Transfer Petition filed under section 24 of the Civil Procedure Code, praying to withdraw the H.M.O.P.No.86 of 2025,pending on the file of the Sub - Court,Oddanchathiram and to transfer the same to the Hon'ble Sub-CourtBhavani,Erode District and pass such further or other orders as this Hon'ble Court.

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For Petitioner(s): MR.J.Ramakrishnan For Respondent(s): NO APPEARANCE

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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. 366 of 2026

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ORDER

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This petition has been filed seeking to withdraw H.M.O.P. No.86 of 2025, pending on the file of the Sub Court, Oddanchathiram, and to transfer the same to the file of the Sub Court, Bhavani, Erode District.

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Notice has been served on the respondent, but there is no appearance on his behalf.

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The respondent/husband has filed H.M.O.P. No.86 of 2025 before the Sub Court, Oddanchathiram, seeking divorce against the petitioner. As on date, the petitioner is pursuing her Ph.D. at SRM College, Chennai. However, her native place is Bhavani, and she is unable to attend the Court proceedings at Oddanchathiram along with pursuing her studies. Therefore, she seeks transfer of the case to the Sub Court, Bhavani. Out of the wedlock, no children were born, and she is continuing her Ph.D. studies. The respondent is a private entrepreneur and is carrying on business at Salem. Hence, no prejudice would be caused to him if the case is transferred.

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