M.Anuja Vs M.Hariprasath

Prayer : Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C., to withdraw the case in O.P. No.5119 of 2025 from the file of the III Additional Family Court, Chennai, and transfer the same to the Family Court, Madurai.

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For Petitioner : Mr.J.Alaguram Jothi

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For Respondent : Mr.S.G.L.Rishwanth

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O R D E R

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The Transfer Civil Miscellaneous Petition has been filed seeking orders

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to withdraw the case in O.P. No.5119 of 2025 from the file of the III Additional Family Court, Chennai, and transfer the same to the Family Court, Madurai.

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

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Tr.C.M.P(MD).No.112 of 2026

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It is evident from the records that the marriage between the parties

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was solemnized on 01.09.2019 as per Hindu Rites and customs and due to their wed-lock, they were blessed with a female child, now aged about 3 years and subsequently, there arose some misunderstanding between them and they are living separately.

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It is not in dispute that the respondent has filed a petition in O.P.No.5119 of 2025, seeking divorce and the same is pending on the file of the III Additional Family Court, Chennai.

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The learned counsel for the petitioner would submit that the petitioner is residing at Madurai along with her female child and finds it very difficult to travel to Chennai to attend all the hearings.

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The learned counsel appearing for the respondent would submit that the petitioner is working at Chennai and she has not vacated the house at Chennai.

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The learned counsel for the petitioner would submit that the petitioner got permission from her MNC to work from home permanently and as of now, there is no house at Chennai.

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

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Tr.C.M.P(MD).No.112 of 2026

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In the case of N.C.V.Aishwarya Vs. A.S.Saravana Karthik Sha reported in 2022 Live Law (SC) 627 , the Hon'ble Supreme Court has reiterated the position with generally, it is the wife's convenience, which must be looked at while considering the transfer petition under Section 24 of the Code of Civil Procedure and the relevant passage is extracted hereunder :

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“ The cardinal principle for exercise of power under Section 24 of the Code of Civil Procedure is that the ends of justice should demand the transfer of the suit, appeal or other proceeding. In matrimonial matters, wherever Courts are called upon to consider the plea of transfer, the Courts have to take into consideration the economic soundness of both the parties, the social strata of the spouses and their behavioural pattern, their standard of life prior to the marriage and subsequent thereto and the circumstances of both the parties in eking out their livelihood and under whose protective umbrella they are seeking their sustenance to life. Given the prevailing socioeconomic paradigm in the Indian society, generally, it is the wife's convenience which must be looked at while considering transfer.", the bench observed. ”

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The learned counsel for the respondent would submit that the personal appearance of the respondent may be dispensed with and that the case may be disposed of at an early date.

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

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Tr.C.M.P(MD).No.112 of 2026

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Considering the facts and circumstances of the case and taking note

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of the fact that the petitioner is residing at Madurai District, this Court is inclined to allow this petition. Accordingly, the petition in O.P.No.5119 of 2025, is ordered to be withdrawn from the file of the III Additional Family Court, Chennai and transfer the same to the Family Court, Madurai. The learned Judge, III Additional Family Court, Chennai, is hereby directed to transmit the entire records in O.P.No.5119 of 2025 to the file of the Family Court, Madurai, within a period of 10 days from the date of receipt of a copy of this order and on receiving the case bundle, the learned Judge, Family Court, Madurai, is directed to take up the petition on file and proceed in accordance with law.

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With the above direction, the Transfer Civil Miscellaneous Petition stands allowed. The respondent is at liberty to move the Family Court, Madurai for dispense with the personal appearance and early disposal of O.P.No.5119 of 2025, and on such applications being filed, the learned Judge is directed to consider the same on merits and in accordance with law. Consequently, connected Miscellaneous Petition is closed. No costs.

08.04.2026

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Tr.C.M.P(MD).No.112 of 2026

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To