Allowed¶23

S.Vijayapriya v. C.Sathishkumar

Madras HC11 Jun 2026TR CMP/77/2026

Case brief

AI extract

What is this about?

Section 24 CPC transfer petition by wife (respondent in HMOP No.232 of 2025, Sub Court, Athur) on ground of convenience — resides at Chennai with 2-year-old child, difficulty travelling to Athur; husband/respondent served but unrepresented; Madras High Court (Thamilselvi, J.) allowed transfer, directing records to VI Family Court, Chennai (destination differed from prayed-for Sub Court, Ambattur); no costs; connected CMP No.1936 of 2026 closed; decided 11-06-2026.

What did the court decide?

Transfer petition allowed: HMOP No.232 of 2025 withdrawn from the file of Sub Court, Athur and transferred to VI Family Court, Chennai; Sub Court, Athur directed to transmit the entire case records and VI Family Court, Chennai directed to issue notice to both parties and proceed; no costs; connected miscellaneous petition closed. ¶23

S.Vijayapriya Vs C.Sathishkumar — Madras HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether HMOP No.232 of 2025 pending before Sub Court, Athur should be transferred to a forum convenient to the petitioner-wife, who resides at Chennai with her 2-year-old child and finds it difficult to travel from Chennai to Athur to attend the proceedings.

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Court's answer

Considering the facts and circumstances, the Court was inclined to transfer HMOP No.232 of 2025 from the file of Sub Court, Athur to VI Family Court, Chennai.

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Ratio / Principle

Tr.C.M.P.No.77 of 2026 is allowed and the proceedings in HMOP No.232 of 2025 are withdrawn from the file of Sub Court, Athur and transferred to VI Family Court, Chennai.

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Key takeaways

Sub Court, Athur was directed to send the entire case records to VI Family Court, Chennai, which on receipt of the records is to issue notice to both parties and proceed with the matter.ratio¶25
No costs were awarded and the connected miscellaneous petition was closed.ratio¶26

Detailed headnote1 paragraphs

Civil Procedure Code, S. 24 — Transfer of matrimonial petition — Petitioner-wife, the respondent in HMOP No.232 of 2025 pending before Sub Court, Athur, resides at Chennai and lives with her 2-year-old child; she found it difficult to travel from Chennai to Athur to attend the proceedings and sought transfer to Sub Court, Ambattur — Notice served; respondent did not appear — Though the prayer was for transfer to Sub Court, Ambattur, the Court transferred HMOP No.232 of 2025 to VI Family Court, Chennai; Tr.C.M.P.No.77 of 2026 allowed; Sub Court, Athur directed to send the entire case records to VI Family Court, Chennai, which shall issue notice to both parties and proceed — No costs; connected miscellaneous petition (CMP No.1936 of 2026) closed.

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 11-06-2026

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CORAM

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THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

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TR CMP No. 77 of 2026 and CMP No.1936 of 2026

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S.Vijayapriya

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D/o Srinivasan, W/o C.Sathishkumar, No C-202, Pace Park Lane, U.R Nagar, Anna Nagar West (Extn), Chennai 600 101.

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Petitioner(s)

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C.Sathishkumar S/o Chakravarthy, No 30/20D, Ambedkar Nagar, Athur Tk, Athur Town, Salem Dist.

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Respondent(s)

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Petition filed under Section 24 of Civil Procedure Code to withdraw HMOP No.232 of 2025 pending on the file of Sub Court, Athur and transfer the same to Sub Court, Ambattur.

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For Petitioner(s): G.Peranban

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For Respondent: No appearance

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ORDER

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The petitioner/wife is the respondent in HMOP No.232 of 2025 and she has filed the present petition seeking to transfer HMOP No.232 of 2025 from the file of Sub Court, Athur to Sub Court, Ambattur.

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

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Learned counsel for the petitioner submits that the petitioner is residing at

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Chennai and she is living with her 2 years child and therefore, she finds it difficult to travel from Chennai to Athur to attend the proceedings. Hence, she filed the present petition seeking for transfer.

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Notice served on the respondent and none appeared for the respondent.

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Considering the facts and circumstances of the case, this Court is inclined to

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transfer HMOP No.232 of 2025 from the file of Sub Court, Athur to VI Family Court, Chennai.

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Accordingly, Tr.C.M.P.No.77 of 2026 is allowed and the proceedings in

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HMOP No.232 of 2025 is withdrawn from the file of Sub Court, Athur and the same is transferred to VI Family Court, Chennai.

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The Sub Court, Athur is directed to sent the entire case records to VI Family Court, Chennai and on receipt of the records, the VI Family Court, Chennai is directed to issue notice to both the parties and proceed with the matter.

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No costs. Consequently, connected miscellaneous petition is closed.

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11.06.2026

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

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

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