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S.Thangavalli v. K.Pragatheeswaran

Madras HC15 Apr 2026TR CMP(MD)/343/2025

Case brief

AI extract

What is this about?

Keywords: Section 24 CPC transfer petition; transfer of matrimonial case; wife's convenience principle; restitution of conjugal rights; H.M.O.P. transfer; Domestic Violence Act proceedings (D.V.M.C.No.11 of 2024); mediation failed; Sub Court Ramanathapuram to Sub Court Ambasamudram, Tirunelveli District; Madurai Bench of Madras High Court; Justice K. Murali Shankar; N.C.V.Aishwarya Vs. A.S.Saravana Karthik Sha, 2022 Live Law (SC) 627; records transmission within 10 days; no costs.

What did the court decide?

Transfer of H.M.O.P.No.32 of 2025 from the Sub Court, Ramanathapuram to the Sub Court, Ambasamudram, Tirunelveli, with directions to transmit the records within 10 days; connected Miscellaneous Petition (C.M.P(MD)No.9364 of 2025) closed; no costs. ¶33

S.Thangavalli Vs K.Pragatheeswaran — Domestic Violence | Madras HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the case in H.M.O.P. No.32 of 2025 (restitution of conjugal rights) pending before the Sub Court, Ramanathapuram should be withdrawn and transferred to the Sub Court, Ambasamudram, Tirunelveli District, having regard to the petitioner-wife's residence and convenience.

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Court's answer

Considering the facts and circumstances of the case, and taking note that the petitioner is residing at Tirunelveli District, the Court was inclined to allow the transfer petition.

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Ratio / Principle

H.M.O.P.No.32 of 2025 was ordered to be withdrawn from the file of the Sub Court, Ramanathapuram and transferred to the Sub Court, Ambasamudram, Tirunelveli.

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Key takeaways

The Sub Court, Ramanathapuram was directed to transmit the entire records in H.M.O.P.No.32 of 2025 to the Sub Court, Ambasamudram within 10 days of receipt of the order copy, and the Sub Court, Ambasamudram was directed to take the petition on file and proceed in accordance with law.ratio¶32

Detailed headnote1 paragraphs

Transfer Civil Miscellaneous Petition under Section 24 CPC by the wife (S.Thangavalli) seeking withdrawal of her husband's restitution of conjugal rights petition, H.M.O.P.No.32 of 2025, from the Sub Court, Ramanathapuram and its transfer to the Sub Court, Ambasamudram, Tirunelveli District, where she resides with the couple's female child aged about 2 years; her parallel proceedings under the Domestic Violence Act (D.V.M.C.No.11 of 2024) are already pending at Ambasamudram and court-referred mediation had failed. Relying on N.C.V.Aishwarya Vs. A.S.Saravana Karthik Sha, 2022 Live Law (SC) 627, wherein the Supreme Court reiterated that generally it is the wife's convenience which must be looked at while considering a transfer petition under Section 24 CPC, and noting the petitioner's residence at Tirunelveli District, the Madurai Bench of the Madras High Court (K. Murali Shankar, J.) allowed the petition on 15.04.2026, directed the Sub Court, Ramanathapuram to transmit the entire records within 10 days, directed the Sub Court, Ambasamudram to take up the petition and proceed in accordance with law, closed the connected C.M.P(MD)No.9364 of 2025, and made no costs order.

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Tr.C.M.P(MD).No.343 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 15.04.2026

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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.343 of 2025 and C.M.P(MD)No.9364 of 2025

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S.Thangavalli : Petitioner

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K.Pragatheeswaran : Respondent

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Prayer : Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C., to withdraw the case in H.M.O.P. No.32 of 2025 from the file of the Sub Court, Ramanathapuram, and transfer the same to the Sub Court, Ambasamudram, Tirunelveli District.

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For Petitioner : Mr.H.Arumugam,

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For Respondent : Mr.K.Radhakrishnan.

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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 H.M.O.P. No.32 of 2025 from the file of the Sub Court, Ramanathapuram, and transfer the same to the Sub Court, Ambasamudram, Tirunelveli District.

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

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Tr.C.M.P(MD).No.343 of 2025

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It is evident from the records that the marriage between the parties was solemnized on 01.06.2023 as per Hindu rites and customs and due to their wed-lock they were blessed with a female child now aged about 2 years and that 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 H.M.O.P.No.32 of 2025, seeking restitution of conjugal rights and the same is pending on the file of the Sub Court, Ramanathapuram and that the petitioner has initiated the proceedings under the Domestic Violence Act and the same is pending in D.V.M.C.No.11 of 2024 on the file of the Judicial Magistrate Court, Ambasamudram.

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The learned counsel for the petitioner would submit that the petitioner is residing at Ambasamudram, Tirunelveli District along with female child and finds it very difficult to travel to Ramanathapuram to attend all the hearings.

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

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Tr.C.M.P(MD).No.343 of 2025

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The learned counsel for the respondent would submit that the respondent is ready to live with the petitioner. But according to the learned counsel on either side, the matter was referred to mediation, but the same ended in failure.

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

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Tr.C.M.P(MD).No.343 of 2025

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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 Tirunelveli District, this Court is inclined to allow this petition. Accordingly, the petition in H.M.O.P.No.32 of 2025, is ordered to be withdrawn from the file of the Sub Court, Ramanathapuram and transfer the same to the Sub Court, Ambasamudram, Tirunelveli. The learned Judge, Sub Court, Ramanathapuram, is hereby directed to transmit the entire records in H.M.O.P.No.32 of 2025 to the file of the Sub Court, Ambasamudram, 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, Sub Court, Ambasamudram, 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. Consequently, connected Miscellaneous Petition is closed. No costs.

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15.04.2026

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NCC : Yes/No Index : Yes/No Internet :Yes/No das

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

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Tr.C.M.P(MD).No.343 of 2025

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