Tamilarasi v. P.Vivek

Madras HC9 Jan 2026TR CMP/656/2025

Case brief

AI extract

What is this about?

Transfer of matrimonial case; Section 24 CPC transfer petition; convenience of wife; H.M.O.P. dissolution of marriage; Sub Court Thiruvarur to Sub Court Alandur Chennai; D.V.C.No.68 of 2024; M.C.No.53 of 2024; Section 125 CrPC maintenance; minor child; heart ailment medical hardship; interim stay vacated; C.M.P.No.15753 of 2025 closed; Madras High Court; Dr. Justice A.D. Maria Clete; 09.01.2026.

What did the court decide?

Transfer of H.M.O.P.No.51 of 2025 from the Sub-Court, Thiruvarur, to the Sub-Court, Alandur, Chennai, with records to be transmitted within three weeks; interim stay of 08.07.2025 vacated; C.M.P.No.15753 of 2025 closed; no order as to costs. ¶¶30

Tamilarasi Vs P.Vivek — Maintenance and Alimony | Madras HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether H.M.O.P.No.51 of 2025 (dissolution of marriage) pending before the Sub-Court, Thiruvarur, should be transferred to the Sub-Court, Alandur, Chennai, considering the convenience of the petitioner-wife and the overall interest of justice.

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Court's answer

In matrimonial transfer petitions, the convenience of the wife and the overall interest of justice are the relevant considerations.

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Ratio / Principle

Since the petitioner resides at Chennai with the minor child, the connected proceedings are already pending at Chennai, and considering her stated medical condition and the hardship of long-distance travel, the prayer for transfer deserves to be ordered.

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Key takeaways

Tr.C.M.P.No.656 of 2025 is allowed; H.M.O.P.No.51 of 2025 on the file of the Sub-Court, Thiruvarur, is withdrawn and transferred to the file of the Sub-Court, Alandur, Chennai, which shall receive the entire records transmitted within three weeks.ratio¶¶31
The Sub-Court, Alandur, Chennai shall dispose of the transferred matter in accordance with law, as expeditiously as possible, uninfluenced by any observations made in this order.ratio¶¶35
The interim stay granted by this Court on 08.07.2025 shall stand vacated, C.M.P.No.15753 of 2025 is closed, and there shall be no order as to costs.

Detailed headnote1 paragraphs

Madras High Court (Dr. Justice A.D. Maria Clete), by order dated 09.01.2026, allowed a wife's Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C. seeking withdrawal of H.M.O.P.No.51 of 2025 (husband's suit for dissolution of marriage) from the Sub-Court, Thiruvarur, and its transfer to the Sub-Court, Alandur, Chennai. The court held that in matrimonial transfer petitions the convenience of the wife and the overall interest of justice are the relevant considerations; here the wife resided at Chennai with the minor daughter (born 14.08.2019), her D.V.C.No.68 of 2024 and M.C.No.53 of 2024 under Section 125 CrPC were already pending before the learned Magistrate, Alandur, she had no independent income, was under treatment for a heart ailment, and travel to Thiruvarur (over 300 km) was extremely difficult, while the respondent-husband was employed at Singapore and able to attend proceedings at Chennai. The Sub-Court, Thiruvarur, was directed to transmit the entire records within three weeks; disposal was to be expeditious and uninfluenced by any observations in the order. The interim stay granted on 08.07.2025 stood vacated, C.M.P.No.15753 of 2025 (Section 151 C.P.C. stay petition) was closed, and no order as to costs was made.

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Tr.C.M.P.No.656 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 09.01.2026

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CORAM

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THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE

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Tr.C.M.P.No.656 of 2025 and C.M.P.No.15753 of 2025

Tmt.Tamilarasi

... Petitioner

Versus

Thiru.P.Vivek … Respondent

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Prayer in Tr.C.M.P.No.656 of 2025: Petition filed under Section 24 of C.P.C., to withdraw the H.M.O.P.No.51 of 2025 on the file of the Sub Court, Thiruvarur, and to transfer the same to the Sub Court, Alandur, Chennai, as already trial of D.V.C.No.68 of 2024 and M.C.No.53 of 2024 before the Mahila Court – Alandur proceedings pending there.

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Prayer in C.M.P.No.15753 of 2025: Petition filed under Section 151 of C.P.C., to stay the proceedings in H.M.O.P.No.51 of 2025 on the file of the Subordinate Court, Thiruvarur, Thiruvarur District, pending disposal of the Transfer Civil Miscellaneous Petition.

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For Petitioner : Mr.D.Edwin Yovan Raj

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For Respondent : Mr.R.Sankarasubbu

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

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Tr.C.M.P.No.656 of 2025

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ORDER

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Heard.

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This Transfer Civil Miscellaneous Petition has been filed by the wife / petitioner seeking transfer of H.M.O.P.No.51 of 2025 from the file of the Sub Court, Thiruvarur, to the file of the Sub Court, Alandur, Chennai.

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The petitioner is the wife of the respondent. Their marriage was solemnized on 25.11.2018 at Thiruvarur, and a female child V.Krisha Shree was born on 14.08.2019. The petitioner states that she is residing at Chennai and has already initiated proceedings in Chennai, viz., D.V.C.No.68 of 2024 and M.C.No.53 of 2024 under Section 125 CrPC, seeking protection and maintenance for herself and the minor child before the learned Magistrate, Alandur.

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While so, the respondent has filed H.M.O.P.No.51 of 2025 before

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the Sub-Court, Thiruvarur seeking dissolution of marriage. Hence, the present Transfer Civil Miscellaneous Petition has been filed seeking transfer of the said H.M.O.P. to the Sub-Court, Alandur, Chennai.

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

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Tr.C.M.P.No.656 of 2025

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The petitioner has pleaded that she has no independent income, is under treatment for heart ailment, and is constrained to take care of the minor child; she further states that travel to Thiruvarur (over 300 km) is extremely difficult and that she has no support there. On the other hand, the respondent is stated to be employed at Singapore and is in a position to attend proceedings at Chennai.

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In matrimonial transfer petitions, the convenience of the wife and

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the overall interest of justice are relevant considerations. In the case on hand, the petitioner is residing at Chennai with the minor child; the connected proceedings are already pending at Chennai. Considering the petitioner’s stated medical condition and the hardship in undertaking long-distance travel, this Court is satisfied that the prayer for transfer deserves to be ordered.

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Accordingly, Tr.C.M.P.No.656 of 2025 is allowed.

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H.M.O.P.No.51 of 2025 on the file of the Sub-Court, Thiruvarur, is withdrawn and transferred to the file of the Sub-Court, Alandur, Chennai. The Sub-Court, Thiruvarur, shall transmit the entire records to the Sub-Court, Alandur, Chennai, within three (3) weeks from the date of receipt of this

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

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Tr.C.M.P.No.656 of 2025

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order and the Sub-Court, Alandur, Chennai shall dispose of the matter in accordance with law, as expeditiously as possible, uninfluenced by any observations made in this order. Interim stay granted by this Court on 08.07.2025 shall stand vacated and C.M.P.No.15753 of 2025 is closed. There

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shall be no order as to costs.

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09.01.2026

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cda Index: Yes / No Speaking Order / Non-speaking Order Neutral Citation: Yes / No

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

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Tr.C.M.P.No.656 of 2025