Madras High Court
CMA/488/2023 of S.SUBRAMANIAM @ RAJA Vs DIVYA VENKATESH BABU on 8 September 2026
CMA No. 488 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08-09-2026
CORAM
THE HON'BLE MS. JUSTICE P.T. ASHA
AND
THE HON'BLE MRS.JUSTICE N. MALA
CMA No. 488 of 2023
AND
CMP NO. 4193 OF 2023
S.Subramaniam @ Raja
S/o. Selvaraj, Residing at No.12, Chenniappa Nagar, Mannarai Post, Tiruppur Dt-641 607.
..Appellant(s)
Vs
Divya Venkatesh Babu
W/o. S. Subramaniam @ Raja, D/o. Venkatesh Babu, No.21/8, Thiruveethi Amman Koil Street, Villivakkam, Chennai-600 049. Singapore Address Blk 610, 04-492, Hougangave 8, Singapore-530610.
..Respondent(s)
CMA No. 488 of 2023
Civil Miscellaneous Appeal filed under Section 19[3] of the Family Courts Act, To set aside the impugned order dated 05.11.2022 passed in HMOP
No.3354 of 2021 on the file of Learned III Additional Principal Family Court, Chennai and allow the Civil Miscellaneous Appeal.
CMA No. 488 of 2023
For Appellant(s):
A.Manojkumar
S. GOPINATH
M. VIMALA GOPINATH
M MANIMARAN
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CMA No. 488 of 2023
For Respondent(s):
S.Sathish Rajan
D.NAGESH BABU-MS/97/1992
adhityasathish
s.subramaniya
j.akash balaji for sole respondent
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Judgment
(Judgment of the Court was delivered by N.Mala J.)
The Civil Miscellaneous Appeal is filed by the husband, against the fair and decreetal order dated 05.11.2022, passed in HMOP.No.3354/2021 by the learned III Additional Principal Judge, Family Court, Chennai, directing the return of the wife’s sreedhana articles by the appellant herein.
For the sake of convenience, the parties will be referred to as per their rank in the Appeal.
The gist of facts is that the respondent filed a petition for divorce in OP.No.4186/2017, on the file of the learned V Additional Principal Judge, Family Court, Chennai, seeking dissolution of marriage on the ground of cruelty. The divorce petition was ordered on 01.12.2020 and thereafter, the respondent filed HMOP.No.3354/2021, on 19.04.2021, for return of her sreedhana articles presented by her parents at the time of her marriage. The said petition was allowed by the learned III Additional Principal Judge, Family Court, Chennai, and therefore, the appellant has
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CMA No. 488 of 2023
filed the above appeal.
The learned counsel for the appellant submitted that pending HMOP.No.3354/2021, the appellant filed a transfer petition in Transfer OP.No.3214/2022, on 04.08.2022, and that the same was allowed on 01.11.2022. The learned counsel submitted that the appellant filed a Memo dated 05.11.2022, and brought to the notice of the learned III Additional Principal Judge, Family Court, Chennai, that the Transfer OP was ordered on 01.11.2022, and despite knowledge of the transfer of the case, the learned Judge erroneously allowed HMOP.No.3354/2021. The learned counsel therefore submitted that the fair and decreetal order passed in HMOP.No.3354/2021 after the matter was transferred is unsustainable and illegal.
We have heard both the learned counsels and also perused the materials placed on record.
There is no dispute that the respondent’s HMOP.No.4186/2017, on the file of the learned V Additional Principal Judge, Family Court, Chennai, for divorce was allowed on 01.12.2020, and thereafter, the respondent filed the present HMOP.No.3354/2021 for return of her streedana articles. From the materials placed on record it is clear that pending HMOP.No.3354/2021, the appellant filed a transfer petition in Transfer OP.No.3214/2022, before the Principal Family Court, Chennai, on
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CMA No. 488 of 2023
04.08.2022. The said Transfer OP was allowed on 01.11.2022, and HMOP.No.3354/2021, was transferred to the file of learned V Additional Judge, Family Court, Chennai. It appears from the records that on 05.11.2022, the appellant filed a Memo before the III Additional Family Court, Chennai, to record the order dated 01.11.2022, allowing the Transfer OP.No.3214/2022. However, the impugned order came to be passed on the same day.
Since HMOP.No.3354/2021 stood transferred by the order of the learned Principal Judge, Family Court, Chennai, in Transfer OP.No.3214/2022, on 01.11.2022 itself, we are of the view that the order passed on 05.11.2022, by the learned III Additional Judge, Family Court, Chennai, cannot be sustained.
Accordingly, the Civil Miscellaneous Appeal is allowed and the order dated 05.11.2022, made in HMOP.No.3354/2021, by the learned III Additional Principal Judge, Family Court, Chennai, is set aside and the matter is remanded to the learned V Additional Principal Judge, Family Court, Chennai, for fresh consideration on merits. No costs. Consequently, connected miscellaneous petition is closed. (P.T.A.,J.) (N.M.,J.) 08-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No
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CMA No. 488 of 2023
AP To
1. The III Additional Principal Judge, Family Court, Chennai.
2. The Section Officer, VR Section, High Court, Chennai.
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CMA No. 488 of 2023
P.T.ASHA J. AND N.MALA J. AP CMA No. 488 of 2023 AND CMP NO. 4193 OF 2023 08-09-2026
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