A.Sasikala v. S.Manikandan

Madras HC1 Jul 2026TR CMP/381/2025

Case brief

AI extract

What is this about?

Keywords: transfer petition; Section 24 Civil Procedure Code; TR CMP; Madras High Court; joint/concurrent trial of divorce and restitution of conjugal rights petitions; HMOP No.427 of 2024; HMOP No.41 of 2025; Sub Court Ambattur; VII Additional Family Court Chennai; wife-petitioner; avoiding conflicting orders and multiplicity of proceedings; no costs. Relevant when researching transfer of matrimonial proceedings so that cross-filed divorce and restitution petitions are heard together by one family court.

What did the court decide?

HMOP No.427 of 2024 withdrawn from Sub Court, Ambattur and transferred to VII Additional Family Court at Chennai to be tried along with HMOP No.41 of 2025; Sub Court, Ambattur to forward the entire records forthwith; no costs; connected miscellaneous petition closed. ¶¶24

A.Sasikala Vs S.Manikandan — Madras HC (2026) — LawSathi Research

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TR CMP No. 381 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 01-07-2026

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CORAM

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THE HONOURABLE MR.JUSTICE P.B. BALAJI

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TR CMP No. 381 of 2025 and CMP No.8446 of 2025

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A.Sasikala D/o. S.Arumugam (Late) No. 57,C-Block, West Cemetery Road, Old Washermenpet, Chennai 021

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Petitioner(s)

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S.Manikandan S/o. S.Sadhananda Muthusamy, No. 7, 2nd Street, Thiruvallur Nagar, Thirumullaivoyal, Chennai 62

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Respondent(s)

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Petition filed under Section 24 of Civil Procedure Code to withdraw HMOP No.427 of 2024, pending on the file of Sub Court, Ambattur and transfer the same to VII Additional Judge, Principal Family Court at Chennai and to try along with the HMOP No.41 of 2025.

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For Petitioner(s): M/s.S.Shinu

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For Respondent(s): No appearance

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ORDER

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Though the matter was listed yesterday, despite the petitioner being ready,

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

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TR CMP No. 381 of 2025

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since there was no representation on the side of the respondent, the matter was adjourned with a direction to be listed today under the caption “for orders”. Even today, there is no representation on the side of the respondent. Therefore, I have proceeded to hear the learned counsel for the petitioner.

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The petitioner is the wife who seeks transfer of the proceedings in HMOP No.427 of 2024 from the file of Sub Court, Ambattur to VII Additional Judge, Principal Family Court at Chennai, where the petitioner/wife has filed HMOP No.41 of 2025 for restitution of conjugal rights.

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Necessarily both the applications for divorce and restitution of conjugal rights will have to be tried together to avoid conflicting orders and multiplicity of proceedings. The respondent has also not chosen to contest the request for transfer.

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In view of the above, I am inclined to entertain the request of the petitioner/wife.

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Accordingly, Tr.C.M.P.No.381 of 2025 is allowed and the proceedings in HMOP No.427 of 2024 is withdrawn from the file of Sub Court, Ambattur and the same

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

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TR CMP No. 381 of 2025

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is transferred to VII Additional Family Court at Chennai to be tried along with HMOP No.41 of 2025.

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The Sub Court, Ambattur is directed to send the entire records relating to HMOP No.427 of 2024 to the file of VII Additional Family Court at Chennai forthwith.

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No costs. Consequently, connected miscellaneous petition is closed.

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01.07.2026

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sr Index:yes/no Website:yes/no Speaking Order/Non-speaking Order

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