Allowed

Sharmila Devi v. Thangapandiyan

Madras HC17 Mar 2026TR CMP(MD)/652/2025

Case brief

AI extract

What is this about?

Wife sought transfer of husband's restitution of conjugal rights petition from Principal Sub Court, Dindigul to Family Court, Dindigul, where her divorce petition was already pending. Court allowed transfer, directing records to be transmitted within ten days.

What did the court decide?

H.M.O.P.No.31 of 2024 withdrawn from Principal Sub Court, Dindigul and transferred to Family Court, Dindigul; connected miscellaneous petition closed; no costs.

Sharmila Devi Vs Thangapandiyan — Matrimonial and Divorce | Madras HC (2026)

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Tr.C.M.P(MD).No.652 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 17.03.2026

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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.652 of 2025 and C.M.P(MD)No.18927 of 2025

Sharmila Devi

: Petitioner

Vs.

Thangapandiyan : Respondent

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PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, to withdraw the petition in H.M.O.P.No.31 of 2024 on the file of the Principal Sub Court, Dindigul and transfer the same to the Family Court, Dindigul.

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For Petitioner : Mr.M.Venkatesan

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For Respondent : Mr.D.Venkatesh

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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.31 of 2024 pending on the file of Principal Sub Court, Dindigul and transfer the same to the Family Court, Dindigul.

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

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Tr.C.M.P(MD).No.652 of 2025

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

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was solemnized on 13.03.2022 as per Hindu Rites and customs and that subsequently, there arose some misunderstanding between them and they are are living separately.

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3.It is also not in dispute that the respondent filed a petition in H.M.O.P.No.31 of 2024, seeking restitution of conjucal rights and is pending on the file of the Principal Sub Court, Dindigul and that the petitioner filed a petition in H.M.O.P.No.426 of 2025, seeking divorce and the same is pending on the file of the Family Court, Dindigul.

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4.The learned counsel appearing for the petitioner would submit that both the Courts are situated at the same campus.

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5.The learned counsel appearing for the respondent would submit that they are having objections, but they have not specified any objections.

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Considering the facts and circumstances of the case and taking note

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of the fact that the divorce petition in H.M.O.P.No.426 of 2025 filed by the

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

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Tr.C.M.P(MD).No.652 of 2025

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petitioner is pending on the file of the Family Court, Dindigul, this Court is inclined to allow this petition. Accordingly, the petition in H.M.O.P.No.31 of 2024, is ordered to be withdrawn from the file of the Principal Sub Court, Dindigul and transfer the same to the file of the Family Court, Dindigul. The learned Principal Subordinate Judge, Dindigul, is hereby directed to transmit the entire records in H.M.O.P.No.31 of 2024 to the file of the Family Court, Dindigul, within a period of 10 days from the date of receipt of copy of this order and on receiving the case bundle, the learned Judge, Family Court, Dindigul, 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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17.03.2026

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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.652 of 2025

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K.MURALI SHANKAR, J.

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DAS

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1.The Principal Sub Court, Dindigul. 2.The Family Court, Dindigul. 3.The Section Officer,

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VR Section, Madurai Bench of Madras High Court, Madurai.

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Order made in Tr.C.M.P (MD).No.652 of 2025 and C.M.P(MD)No.18927 of 2025

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17.03.2026

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

Sharmila Devi v. Thangapandiyan

Case brief

What is this about?

What did the court decide?

Sharmila Devi v. Thangapandiyan

Case brief

What is this about?

What did the court decide?

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