Deepika v. Mohandoss

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01-06-2026

CORAM

THE HON'BLE MRS.JUSTICE R. KALAIMATHI and CMP No.2524 of 2026 Deepika W/o. K. Mohandoss, D/o. B. Arunachala Nadar, Perumal Koil Street, Akkur Post, Mayiladuthurai Taluk and District.

..Petitioner(s) Vs.

Mohandoss S/o. Kuttiandi Nadar, No.43/a, Vadakkiruppu Village, Annamalai Nagar Post, Chidambaram Taluk, Chidambaram.

..Respondent(s) Prayer: Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, 1908, to withdraw HMOP No.149/2022 pending on the file of Sub Court, Chidambaram and to order to transfer the same to the file of Sub Court, Mayiladuthurai.

For Petitioner(s) :

Mr.B.Jawahar For Respondent(s):

Mr.W.Camyles Gandhi

ORDER

Heard the learned counsel for the petitioner (wife) and the learned counsel for the respondent (husband).

2. The petitioner (wife) would aver that she finds it difficult to travel from Chidambaram to Mayiladuthurai and if the matter is transferred to Sub Court, Mayiladuthurai, it will be easy for her to conduct the case.

3. The learned counsel for the petitioner would reiterate the grounds set out in the petitioner and seeks for transfer of the aforestated HMOP pending on the file of the Sub Court, Chidambaram to the file of the Sub Court, Mayiladuthurai.

4. Per contra, the learned counsel for the respondent would vehemently contend that the matter is in the part-heard stage and that this Transfer CMP is filed with the clear intention to cause hardship to the husband and seeks to dismiss the same.

5. Wife is resident of Akkur Post, Mayiladuthurai. Husband is resident of Annamalai Nagar, Post, Chidambaram. The aforesaid O.P. is filed by the husband before the Sub Court, Chidambaram, for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955. Their marriage took place in the year 2019 and the husband instituted the O.P. for restitution of conjugal rights in the year 2022. The case is at the part-heard stage. In such circumstances, the reasons show by the petitioner for transfer cannot be taken as sufficient cause and the Transfer Civil Miscellaneous Petition is liable to be

dismissed and thereby dismissed. There is no order as to costs. Consequently, connected Civil Miscellaneous Petition is closed. 01-06-2026 Index: Yes/No Speaking/Non-speaking order MAC To

1. The Sub Court, Chidambaram

2. The Sub Court, Mayiladuthurai

R.KALAIMATHI, J.

MAC and CMP No.2524 of 2026 01-06-2026