Sridevi v. Tamilselvam

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-04-2026

CORAM

THE HON'BLE MRS.JUSTICE R. KALAIMATHI and CMP No.805 of 2026 Sridevi, D/o. Subramanian, W/o. Tamilselvam, Door No.203/41, Labour Colony, Guindy, Chennai - 600 032.

..Petitioner(s) Vs.

Tamilselvam S/o.Ponnusamy, No.23, Lakshmi Nagar, 6th Street, Gandhi Nagar, Dharapuram Road, Udumalpet Taluk, Tiruppur District - 642126.

..Respondent(s) Prayer: Transfer Civil Miscellaneous Petition is filed under Section 24 of Code of Civil Procedure, 1908, to withdraw the case pending in HMOP No.133 of 2025 before the Sub Court at Udumalpet and transfer the same to the Family Court Chennai.

For Petitioner(s) :

Ms.Adhilakshmi Logamurthy For Respondent(s):

Mr.K.Myilsamy

ORDER

Heard the learned counsel for the petitioner and the learned counsel for the respondent.

2. The respondent (wife) in H.M.O.P.No.133 of 2025 on the file of the Sub Court, Udumalpet, is the petitioner herein.

3. The learned counsel for the petitioner would strenuously contend that the petitioner is living along with her two minor sons and she finds it difficult to travel from Chennai to Udumalpet for all the Court hearings and seeks transfer of the aforesaid O.P., from the Sub Court, Udumalpet to the Family Court, Chennai.

4. The petitioner / wife has filed this Transfer Civil Miscellaneous Petition on the following grounds:- i). She is residing in Chennai with her two minor sons. ii). She finds it difficult to travel to Udumelpet from Chennai on all Court hearings.

5. The learned counsel for the respondent would object by stating that the respondent / husband suffers from heart ailments. To substantiate the said details, no medical record is filed into the Court.

6. The principles regarding transfer petitions, more specifically in the matters of matrimonial cases are well settled by the Hon'ble Supreme Court in the following cases:- "i. In AIR 2000 SC 3512 (1) (Mona Aresh Goel

vs. Aresh Satya Goel), when the wife pleaded that she was unable to bear the traveling expenses and even to travel alone and stay at Bombay, the Supreme Court ordered transfer of proceedings.

ii. In 2000 (10) SCC 304 (Geeta Heera Vs. Harish Chander Heera), the Hon'ble Supreme Court has held that where the petitioner's wife has pleaded lack of money, the same has to be considered. Iii. In Lalita A. Ranga Vs. Ajay Champalal Ranja reported in (2009) 9 SCC 355, wherein the wife, who was having small child and she was finding it difficult to travel from Jaipur to Bombay, and the Hon'ble Apex Court accepting her request ordered the transfer petition in favour of the wife transferring the transfer petition from Family Court at Bandra in Mumbai to the Family Court at Jaipur."

7. The petitioner is the resident of Cuddalore and the respondent is the resident of Udumalpet.

8. In consideration of the above said details, the request of the petitioner herein / wife appears to be based on justifiable cause and accordingly, this Transfer Civil Miscellaneous Petition is allowed. Sequel to this, H.MO.P.No.133 of 2025 pending on the file of the Subordinate Court, Udumalpet is withdrawn and transferred to the file of the IV-Additional Family Court, Chennai. The learned Judge, IV-Additional Family Court, Chennai, on

receipt of the records, shall take all effective steps to try and dispose of the matter in accordance with law at the earliest. No Costs. Consequently, connected Civil Miscellaneous Petition is closed. 10-04-2026 Index: Yes/No Speaking/Non-speaking order MAC To

1. The IV-Additional Family Court, Chennai

2. The Subordinate Court, Udumalpet

R.KALAIMATHI, J.

MAC and CMP No.805 of 2026 10-04-2026