R.Priyadharshini v. E.Anand Babu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24-02-2026
CORAM
THE HON'BLE DR.JUSTICE A.D.MARIA CLETE and C.M.P. No. 787 of 2026 R.Priyadharshini W/o R.Anand Babu, No 4/34, Indira Street, Ullagaram, Chennai 600 091 ..Petitioner(s) Vs E.Anand Babu S/o Late Elumalai, No 1/387, Ex-MLa Ekkambaram Street, Kadambattur, Tiruvallur 631 203 ..Respondent(s) To withdraw HMOP NO. 35 of 2025 on the file of Family Court Tiruvallur and transfer the same to the Subordinate Court, Tambaram and thus render justice.
For Petitioner(s):
Mr.S.L.Venkatesan.
For Respondent(s):
No appearance.
ORDER
This Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, 1908 seeking withdrawal of H.M.O.P. No.35 of 2025 pending on the file of the Family Court, Tiruvallur, and transfer of the same to
the file of the Subordinate Court, Tambaram, Chengalpattu District, for disposal in accordance with law.
2.
The petitioner is the wife and the respondent is the husband. The marriage between the petitioner and the respondent was solemnized on 15.09.2017 and out of the wed lock, one female child named A.B.Tanvikha was born. After few years, differences arose and the petitioner and the respondent started living separately.
3.
The case of the petitioner is that H.M.O.P. No.35 of 2025 has been filed by the respondent/husband before the Family Court, Tiruvallur seeking dissolution of marriage by a decree of divorce on the grounds stated therein and submits that the petitioner is residing at Tambaram along with her aged parents and minor child and it is difficult for her to travel from Tambaram to Tiruvallur to attend the proceedings on every hearing date. It is further submitted that there will be no prejudice to the respondent, if the case is transferred to Tambaram and sought for allowing the petition.
4. There is no representation for the respondent. 5.
In transfer petitions arising out of matrimonial disputes, the paramount consideration is the ends of justice. Where the wife is required to contest
proceedings at a distant place, the Court ordinarily leans in favour of her convenience, particularly when there is no demonstrable prejudice to the other side. Considering the nature of the proceedings, the residence of the petitionerwife at Tambaram, and the responsibility of caring for a tender-aged child, this Court is satisfied that the transfer sought deserves to be ordered. 6.
In the result, Tr.C.M.P. No.31 of 2026 is allowed. H.M.O.P. No.35 of 2025 pending on the file of the Family Court, Tiruvallur is withdrawn and transferred to the file of the Subordinate Court, Tambaram, Chengalpattu District. The Family Court, Tiruvallur shall transmit the entire records in H.M.O.P. No.35 of 2025 to the Subordinate Court, Tambaram, Chengalpattu District within a period of three weeks from the date of receipt of a copy of this order. The Subordinate Court, Tambaram shall dispose of the matter in accordance with law, as expeditiously as possible, uninfluenced by any observations made in this order. Consequently, the connected miscellaneous petition is closed. No costs.
24-02-2026 Index: Yes/No Speaking/Non-speaking order MFA/ay
DR.A.D.MARIA CLETE, J.
MFA To 1.The Family court, Thiruvallur.
2.The Subordinate Court, Tambaram, Chengalpattu District.
24-02-2026