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K.Rajkeerthi v. T.Balamurugan

Transfer of matrimonial petition – Section 24 CPC

Madras HC25 Mar 2026TR CMP(MD)/308/2025

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Case brief

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What is this about?

Tr.C.M.P(MD)No.308 of 2025; K.Rajkeerthi v. T.Balamurugan; Section 24 CPC transfer petition; matrimonial; transfer of divorce petition H.M.O.P.No.74 of 2025 from Family Court, Karur to Family Court, Salem; wife's convenience; N.C.V.Aishwarya Vs. A.S.Saravana Karthik Sha, 2022 Live Law (SC) 627; undertaking affidavits; connected C.M.P(MD)No.7722 of 2025 closed; Madurai Bench of Madras High Court; allowed on 25.03.2026.

What did the court decide?

Transfer petition allowed: H.M.O.P.No.74 of 2025 withdrawn from the file of the Family Court, Karur and transferred to the Family Court, Salem; Family Court, Karur directed to transmit the entire records within 10 days; connected Miscellaneous Petition closed; no costs. ¶9

K.Rajkeerthi Vs T.Balamurugan — Madras HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petition in H.M.O.P.No.74 of 2025 (divorce) pending on the file of the Family Court, Karur should be withdrawn and transferred to the Family Court, Salem under Section 24 CPC, in light of the petitioner-wife's convenience and the undertaking affidavits filed by both parties.

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Court's answer

Considering the facts and circumstances of the case and taking note of the undertaking affidavits filed by both parties, the Court allowed the transfer petition: H.M.O.P.No.74 of 2025 was ordered to be withdrawn from the file of the Family Court, Karur and transferred to the Family Court, Salem.

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Ratio / Principle

The learned Judge, Family Court, Karur was directed to transmit the entire records in H.M.O.P.No.74 of 2025 to the Family Court, Salem within 10 days from receipt of a copy of the order; on receiving the case bundle, the Family Court, Salem was directed to take up the petition on file and proceed in accordance with law.

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Key takeaways

The Transfer Civil Miscellaneous Petition stands allowed; the connected Miscellaneous Petition is closed; no costs were awarded.ratio¶9

Detailed headnote1 paragraphs

Transfer of matrimonial petition — Section 24 CPC — Wife-petitioner sought withdrawal and transfer of the husband's divorce petition, H.M.O.P.No.74 of 2025, from the Family Court, Karur to the Family Court, Salem. Marriage was solemnized on 21.01.2024 as per Hindu rites and the parties are living separately. The petitioner resides at Salem and found travel to Karur for hearings difficult. The Court noted the undertaking affidavits filed by both parties not to threaten each other while attending Court, and relying on N.C.V.Aishwarya Vs. A.S.Saravana Karthik Sha, 2022 Live Law (SC) 627 (generally the wife's convenience is to be looked at in transfer petitions under Section 24 CPC), allowed the transfer. The Family Court, Karur was directed to transmit the entire records to the Family Court, Salem within 10 days; the connected Miscellaneous Petition was closed; no costs. (K. Murali Shankar, J., Madurai Bench of Madras High Court, 25.03.2026)

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Tr.C.M.P(MD).No.308 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 25.03.2026

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CORAM

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THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR

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Tr.C.M.P (MD).No.308 of 2025 and C.M.P(MD)No.7722 of 2025

K.Rajkeerthi

: Petitioner

T.Balamurugan : Respondent

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Prayer in Tr.C.M.P(MD) No. 308 of 2024 : Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C., to withdraw and transfer the case in H.M.O.P.No.74 of 2025 from the file of the Family Court, Karur to the Family Court or any other competent Court, Salem.

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For Petitioner : Mr.J.K.Dinesh

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For Respondent : Mr.H.Vimal Prasad, for Mr.C.Kishore.

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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 and transfer the case in H.M.O.P.No.74 of 2025 from the file of

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the Family Court, Karur to the Family Court or any other competent Court, Salem.

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

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Tr.C.M.P(MD).No.308 of 2025

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It is not in dispute that the marriage between the parties was solemnized on 21.01.2024 as per Hindu Rites and customs and subsequently, there arose some misunderstanding between them and they are living separately. It is not in dispute that the respondent has filed a petition in H.M.O.P.No.74 of 2025, seeking divorce and the same is pending on the file of the Family Court, Karur.

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The respondent filed a counter affidavit disputing the petitioner’s averments and further stated that the petitioner has been threatening him with dire consequences whenever he visits Salem.

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The learned counsel on either side would submit that the above facts stated in the counter affidavit had already been brought to the notice of this Court earlier, this Court directed the both parties to file undertaking affidavits stating that they will not cause any threats to each other while attending the Court and in pursuance of the same, they have filed undertaking affidavits.

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The petitioner filed the affidavit stating that the petitioner undertakes that “herself and her family members will not threaten or intimidate, molest, liberty or peaceful existence of the respondent in the manner whatsoever.” The

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

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Tr.C.M.P(MD).No.308 of 2025

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respondent has also filed the affidavit undertakes that neither the respondent nor his family members will not pose any threat to the petitioner or her in-laws during their presence at Salem.

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6.The learned counsel for the petitioner would submit that the petitioner is residing at Salem and finds it very difficult to travel to Karur to attend all the hearings.

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In the case of N.C.V.Aishwarya Vs. A.S.Saravana Karthik Sha

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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

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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

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

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Tr.C.M.P(MD).No.308 of 2025

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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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Considering the facts and circumstances of the case and taking note of the undertaking affidavits filed by both the parties, this Court is inclined to allow this petition. Accordingly, the petition in H.M.O.P.No.74 of 2025, is ordered to be withdrawn from the file of the Family Court, Karur and transfer the same to the Family Court, Salem. The learned Judge, Family Court, Karur, is hereby directed to transmit the entire records in H.M.O.P.No.74 of 2025 to the file of the Family Court, Salem, 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, Salem, is directed to take up the petition on file and proceed in accordance with law.

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