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CDJ 2026 MHC 286
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| Court : High Court of Judicature at Madras |
| Case No : TR CMP No. 49 of 2025 & CMP No. 1022 of 2025 |
| Judges: THE HONOURABLE DR.(MRS.) JUSTICE A.D. MARIA CLETE |
| Parties : V. Indira Gandhi Versus R. Ramaraj |
| Appearing Advocates : For the Petitioners: K. Karthikeyan, Advocate. For the Respondent: No appearance. |
| Date of Judgment : 08-01-2026 |
| Head Note :- |
| Civil Procedure Code - Section 24 - |
| Summary :- |
1. Statutes / Acts / Rules Mentioned:
- Section 24 of Civil Procedure Code
- Section 151 of Civil Procedure Code
- Section 9 of the Hindu Marriage Act
2. Catch Words:
- Transfer
- Stay
- Restitution of Conjugal Rights
- Divorce
- Cruelty
- Multiplicity of Proceedings
3. Summary:
The wife filed a transfer petition under Section 24 CPC to move the restitution of conjugal rights case (HMOP No. 25 of 2024) from Sub Court, Paramathi to Sub Court, Kodumudi, citing safety concerns and intimidation. She also has a divorce proceeding pending before the Family Court, which was transferred to Sub Court, Kodumudi as HMOP No. 59 of 2024. The court examined the need to avoid multiplicity of proceedings, ensure the wife’s convenience, and secure justice. Considering that both matters involve the same parties and are already before Kodumudi, the court found transfer appropriate. The interim stay under Section 151 CPC was vacated, and the transfer petition was granted. Records are to be transmitted within three weeks, and the case will be disposed of expeditiously.
4. Conclusion:
Petition Allowed |
| Judgment :- |
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(Prayer in Tr.CMP No.49 of 2025: Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, pleased to withdraw and transfer the HMOP No.25 of 2024 pending on the file of Sub Court, Paramathi to the Sub Court, Kodumudi.
CMP No.1022 of 2025: Petition filed under Section 151 of Civil Procedure Code, pleased to grant stay of all further proceedings in HMOP No.25 of 2024 pending on the file of Sub Court Paramathi to the Sub Court, Kodumudi, pending disposal of the above Transfer Petition.)
1. Heard.
2. The petitioner is the wife and the respondent is the husband. This petition filed under Section 24 of C.P.C., to withdraw and transfer H.M.O.P. No.25 of 2024 pending on the file of the Sub Court, Paramathi to the Sub Court, Kodumudi.
3. The marriage between the parties was solemnized on 25.10.2023 at Arulmigu Sri Balasubramanian Thirukovil Thirumana Mandapam, Pugazhalimalai, Velayuthapalayam, Karur District. The respondent has filed H.M.O.P. No.25 of 2024 (restitution of conjugal rights under Section 9 of the Hindu Marriage Act) on the file of the Sub Court, Paramathi.
4. The petitioner has filed divorce proceedings in F.C.O.P. No.511 of 2024 before the Family Court, Erode, which, on constitution of the Sub Court at Kodumudi, stood transferred and renumbered as H.M.O.P. No.59 of 2024, now pending before the Sub Court, Kodumudi.
5. The petitioner seeks transfer of H.M.O.P. No.25 of 2024 from Paramathi to Kodumudi stating, inter alia, that she apprehends lack of safety and difficulty in attending proceedings at Paramathi, and alleges cruelty and intimidation; she states that if she goes to Paramathi Court, the respondent may attack her. It is also stated that no prejudice would be caused to the respondent, as he is already appearing in both matters.
6. This Court has considered the pleadings and materials. The power under Section 24 C.P.C. is to be exercised to secure the ends of justice. In matrimonial matters, the convenience of the wife and the need to avoid multiplicity of proceedings and conflicting findings are relevant considerations. In the case on hand, the divorce proceedings between the same parties are already pending before the Sub Court, Kodumudi, and the restitution petition is pending at Paramathi. Consolidating the proceedings before one Court would facilitate effective adjudication and reduce hardship. In view of the above, this Court is satisfied that transfer of H.M.O.P. No.25 of 2024 from the Sub Court, Paramathi to the Sub Court, Kodumudi is warranted.
7. Accordingly, Tr.C.M.P. No.49 of 2025 is allowed. H.M.O.P. No.25 of 2024 on the file of the Sub Court, Paramathi, is withdrawn and transferred to the file of the Sub Court, Kodumudi. The Sub Court, Paramathi, shall transmit the entire records to the Sub Court, Kodumudi, within three (3) weeks from the date of receipt of this order and the Sub Court, Kodumudi shall dispose of the matter in accordance with law, as expeditiously as possible, uninfluenced by any observations made in this order. The interim stay granted by this Court on 22.01.2025 shall stand vacated and C.M.P. No.1022 of 2025 is closed. There shall be no order as to costs.
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