Allowed¶34

Chitradevi v. Yuvaraj @ Rajan

Matrimonial transfer – Section 24(1) CPC

Madras HC11 Feb 2026TR CMP/59/2026

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Case brief

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What is this about?

Madras High Court, Dr. Justice A.D. Maria Clete, 11-02-2026; TR CMP No. 59 of 2026; transfer of divorce petition under Section 24(1) CPC; H.M.O.P. No.85 of 2025 Tindivanam to Family Court Puducherry; Hindu Marriage Act 1955 Section 13(1)(i-a) & (i-b); balance of convenience and comparative hardship; wife residing at Puducherry; D.V.C. No.44 of 2025 Mahila Court Puducherry; B.Ed. student travel hardship; husband working at Hosur; records transmission within three weeks; no costs.

What did the court decide?

Tr.C.M.P. No.59 of 2026 allowed: H.M.O.P. No.85 of 2025 withdrawn from the Principal Subordinate Judge, Tindivanam and transferred to the file of the Family Court, Puducherry; records to be transmitted within three weeks; CMP Nos. 1546 and 1549 of 2026 closed; no order as to costs. ¶34

Chitradevi Vs Yuvaraj @ Rajan — Matrimonial and Divorce | Madras HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether H.M.O.P. No.85 of 2025 pending before the Principal Subordinate Judge, Tindivanam should be withdrawn and transferred to the Family Court, Puducherry under Section 24(1) CPC. +2 more

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Court's answer

In matrimonial transfer petitions, the Court is required to weigh the balance of convenience and the comparative hardship.

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Ratio / Principle

On the facts, the petitioner resides at Puducherry, is already prosecuting proceedings there, and has shown study-related and travel hardship; therefore transfer would not cause any serious prejudice to the respondent.

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Key takeaways

Tr.C.M.P. No.59 of 2026 is allowed; H.M.O.P. No.85 of 2025 on the file of the Principal Subordinate Judge, Tindivanam is withdrawn and transferred to the file of the Family Court, Puducherry.ratio¶34
The Principal Subordinate Judge, Tindivanam shall transmit the entire records to the Family Court, Puducherry within three weeks from receipt of the order.ratio¶34
The Family Court, Puducherry shall dispose of the transferred matter in accordance with law, as expeditiously as possible, uninfluenced by any observations made in this order.

Detailed headnote1 paragraphs

Matrimonial transfer — Section 24(1) CPC — wife-petitioner sought transfer of husband's divorce petition H.M.O.P. No.85 of 2025 (under Section 13(1)(i-a) & (i-b), Hindu Marriage Act, 1955) from the Principal Subordinate Judge, Tindivanam to the Family Court, Puducherry. Held: in matrimonial transfer petitions the Court weighs balance of convenience and comparative hardship; petitioner resides at Puducherry, is prosecuting D.V.C. No.44 of 2025 before the Mahila Court, Puducherry there, and has shown hardship from repeated travel to Tindivanam owing to her B.Ed. (English) course; transfer causes no serious prejudice to the working husband. Transfer petition allowed; records to be transmitted within three weeks; matter to be disposed of expeditiously and uninfluenced by observations in this order; ancillary CMPs (stay and dispensation of personal appearance) closed; no costs.

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TR CMP No. 59 of 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 11-02-2026

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CORAM

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THE HON'BLE DR.JUSTICE A.D.MARIA CLETE

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TR CMP No. 59 of 2026 and CMP Nos. 1546 and 1549 of 2026

Chitradevi

..Petitioner

Yuvaraj @ Rajan

..Respondent

Prayer in TR CMP No. 59 of 2026: Petition filed under section 24 of CPC to withdraw HMOP No.85 of 2025 before the Principal Subordinate Judge, Tindivanam and transfer the same to the file of the Family Court, Pondicherry.

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Prayer in CMP No. 1549 of 2026: Petition to pass an order to dispensing with the personal appearance of the petitioner in connection with the HMOP NO.85 of 2025 on the file of the Principal Subordinate Judge, Tindivanam pending disposal of the above Tr.CMP.

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Prayer in CMP No. 1546 of 2026: Petition to stay all further proceedings HMOP No.85 of 2025 on the file of the Principal Subordinate Judge, Tindivanam pending disposal of the above Tr CMP.

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Page1 of 5

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

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TR CMP No. 59 of 2026

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For Petitioner: Mr.E.Chandrasekaran For Respondent: Mr.A.R.Suresh

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Order

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Heard.

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This Transfer Civil Miscellaneous Petition is filed under Section 24(1) C.P.C. to withdraw H.M.O.P. No.85 of 2025 pending on the file of the Principal Subordinate Judge, Tindivanam and to transfer the same to the file of the Family Court, Puducherry.

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The petitioner is the wife and the respondent is the husband. The marriage between the parties was solemnized on 28.10.2022. The respondent/husband has filed H.M.O.P. No.85 of 2025 at Tindivanam seeking dissolution of marriage under Section 13(1)(i-a) & (i-b) of the Hindu Marriage Act, 1955.

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The learned counsel for the petitioner submitted that the petitioner is residing at Puducherry with her parents and that she has instituted D.V.C. No.44 of 2025 before the Mahila Court, Puducherry, and the respondent

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Page2 of 5

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

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TR CMP No. 59 of 2026

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is also appearing therein. It is further submitted that the petitioner has joined B.Ed. (English) Course at Puducherry and therefore repeated travel to Tindivanam for every hearing would cause serious hardship and affect her course. The petitioner contends that only after filing of D.V.C. No.44 of 2025, the respondent has filed the present H.M.O.P. at Tindivanam.

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The learned counsel for the respondent submitted that the respondent is working at Hosur. The learned counsel also refuted the petitioner’s submission on the sequence of proceedings and would contend that the D.V.C. came to be filed only after receipt of notice in the H.M.O.P.

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This Court has considered the rival submissions. In matrimonial transfer petitions, the Court is required to weigh the balance of convenience and the comparative hardship. The petitioner is residing at Puducherry and is already prosecuting proceedings at Puducherry. She has also placed reasons relating to her studies and practical difficulty in undertaking repeated travel to Tindivanam. Therefore, transfer would not cause any serious prejudice to the respondent.

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In the facts and circumstances, this Court is satisfied that the petition deserves to be allowed. Accordingly, Tr.C.M.P. No.59 of 2026 is

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Page3 of 5

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

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TR CMP No. 59 of 2026

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allowed. H.M.O.P. No.85 of 2025 on the file of the Principal Subordinate Judge, Tindivanam, is withdrawn and transferred to the file of the Family Court, Puducherry. The Principal Subordinate Judge, Tindivanam, shall transmit the entire records to the Family Court, Puducherry, within three

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(3) weeks from the date of receipt of this order and the Family Court, Puducherry shall dispose of the matter in accordance with law, as expeditiously as possible, uninfluenced by any observations made in this order. CMP Nos. 1546 and 1549 of 2026 are closed. There shall be no order as to costs.

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11-02-2026

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Index: Yes/No

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

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SHL

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