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2026 Supreme(Online)(Mad) 48147
IN THE HIGH COURT OF JUDICATURE AT MADRAS
T.V. Thamilselvi, J
Dinesh Kumar – Appellant
Versus
Jagadeeswari – Respondent
CMP.No.11704 of 2026
For the Appellants/Petitioners: V.Usha Rani
A court may exercise its discretionary power under Section 24 of the Code of Civil Procedure to transfer legal proceedings between courts to ensure convenience, avoid multiplicity of litigation, and prevent hardship to parties, provided it causes no prejudice to the opposing party.
Headnote:The petitioner filed a petition under S.24 of the Code of Civil Procedure seeking transfer of proceedings initiated under the Protection of Women from Domestic Violence Act, 2005. The petitioner contended that as multiple proceedings were pending in different courts, specifically at Saidapet and Alandur, the transfer was sought to avoid hardship and ensure convenience, noting that the respondent is already prosecuting another matter at the transferee court. The core issue was whether the transfer of the domestic violence case would cause prejudice to the respondent. The court reasoned that since the respondent is already appearing before the court at Alandur for other legal proceedings, the consolidation of cases at the same jurisdictional level would be efficient and cause no prejudice to either party. The Transfer Civil Miscellaneous Petition is allowed.
| Table of Content |
|---|
| 1. nature of the request for transfer of legal proceedings. (Para 2) |
| 2. court's discretion to transfer cases based on lack of prejudice. (Para 3) |
| 3. final directions and disposal of the transfer petition. (Para 4) |
PRAYER Transfer Civil Miscellaneous Petition filed under Section 24 of Code of Civil Procedure, prays to withdraw DVC No.34 of 2025 pending on the file of the XVIII Metropolitan Magistrate, Saidapet Chennai, filed by the Respondent an transfer the same to the file of the Additional Mahila Court (Magistrate Level) Alandur where already MC.No.67 of 2025 is pending which was filed by the Respondent herein for trial and disposal in accordance with law and pass such further or other orders as this Hon'ble Court.
For Petitioner(s): MS.V.Usha Rani For Respondent(s):
ORDER
The petitioner seeks transfer of D.V.C. No.34 of 2025 pending on the file of the XVIII Metropolitan Magistrate, Saidapet, Chennai, to the file of the Additional Mahila Court (Magistrate Level) Alandur where already MC.No.67 of 2025 is pending which was filed by the Respondent.
2. The learned counsel for the petitioner submitted that the respondent-
wife has already filed M.C. No. 27 of 2024 before the Court at Alandur, Chennai. Though the petitioner is employed at Bengaluru, he is constrained to attend proceedings before three different Courts, causing considerable hardship. He further submitted that while the D.V.C. proceedings were instituted before the Court at Saidapet on account of territorial jurisdiction, transfer of the case to the Court at Alandur would not cause any prejudice to the respondent, as she is already prosecuting proceedings before the said Court.
3. Considering the submissions made by the learned counsel for the petitioner, this Court finds the reasons stated to be justifiable. Since no prejudice would be caused to the respondent, this Court is inclined to transfer D.V.C. No.34 of 2025 from the file of the XVIII Metropolitan Magistrate, Saidapet, Chennai to the file of the Additional Mahila Court (Magistrate Level), Alandur.
4. The learned Trial Judge is directed to take the case on file, issue notice to the respondent within four weeks from the date of receipt of a copy of this order, and proceed with the matter in accordance with law.
5. Accordingly, this Transfer Civil Miscellaneous Petition is allowed.
