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Madras High CourtTR CMP/27/2026allowed

G.Srinidhi v. K.R.Easwar

2026-02-03Honourable Dr.Justice A.D.Maria Clete5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.02.2026

CORAM:

THE HONOURABLE DR. JUSTICE A.D. MARIA CLETE Tr.C.M.P. No.27 of 2026 & C.M.P. No.772 of 2026 Mrs. G.Srinidhi W/o. K.R. Easwar, Currently Resi at No.21, Subramaniyar Nagar, 1st Street, Kodambakkam, Chennai 024 ... Petitioner -VersusMr.K.R.Easwar S/o. K.R. Ragupathi Plot No. 202 Parsn Ahana Apartments, Mambakkam Main Road, Vengaivasal, Chennai 126.

... Respondent Prayer in Tr.C.M.P. No.27 of 2026: Transfer Petition filed under Section 24 of C.P.C., To Withdraw the proceedings in H.M.O.P. No 276 of 2025 pending on the file of the Sub Court, Tambaram and transfer the same to the file of the Honble Family Court, Chennai.

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Prayer in C.M.P. No.772 of 2026: Petition seeking stay all further proceeding in H.M.O.P. No.276 of 2025, pending on the file of the Sub Court, Tambaram, pending disposal of the Transfer C.M.P.

For Petitioner : Mr.AMI.V.Kataria. Advocate For Respondent : Ms.S.Vanitha, Advocate

ORDER

Heard.

2. This Transfer Civil Miscellaneous Petition has been filed under Section 24 of the Code of Civil Procedure seeking withdrawal of H.M.O.P. No.276 of 2025 from the file of the Sub Court, Tambaram and to transfer the same to the file of the Family Court, Chennai.

3. The learned counsel appearing for the petitioner/wife would submit that the petitioner is residing at Chennai and is required to attend other connected proceedings at Chennai. It is submitted that the petitioner is facing medical difficulty and is undergoing continuing treatment, and therefore repeated travel to Tambaram for every hearing would cause undue hardship. The learned counsel would further submit that transfer from the Sub Court to the Family Court would also subserve the ends of justice, since the Family Court is a specialised Court constituted to deal with matrimonial and family disputes and the matter can be 2/5

more appropriately dealt with by such forum.

4. The learned counsel appearing for the respondent/husband, on instructions, would submit that the respondent has no objection for allowing the transfer sought for by the petitioner.

5. This Court has considered the rival submissions. In matrimonial matters, the convenience of the wife and the attendant circumstances pleaded, including health issues, deserve due weight. In the present case, the petitioner is stated to be residing at Chennai and has pleaded medical hardship. Further, the transfer sought is from the Sub Court to the Family Court, which is a specialised forum for adjudication of disputes arising out of marriage and family relationship. Above all, the respondent has stated that he has no objection for the transfer.

6. In view of the above, this Court is satisfied that the prayer for transfer deserves to be allowed.

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7. Accordingly, Tr.C.M.P. No. 27 of 2026 is allowed. H.M.O.P. No.276 of 2025 on the file of the Sub Court, Tambaram, is withdrawn and transferred to the file of the Family Court, Chennai. The Sub Court, Tambaram, shall transmit the entire records to the Family Court, Chennai, within three (3) weeks from the date of receipt of this order and the Family Court, Chennai shall dispose of the matter in accordance with law, as expeditiously as possible, uninfluenced by any observations made in this order. C.M.P. No. 772 of 2026 is closed. There shall be no order as to costs.

03.02.2026 jv/mfa Index: Yes / No Speaking order/Non-speaking order To

1. The Sub Judge, Tambaram,

2. The Family Judge, Chennai 4/5

DR. A.D. MARIA CLETE, J jv/mfa Tr.C.M.P. No.27 of 2026 & C.M.P. No.772 of 2026 03.02.2026 5/5