Chandraleka.P.A v. S.Sreenivasan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20-04-2026
CORAM
THE HON'BLE MRS.JUSTICE R. KALAIMATHI Tr CMP No.184 of 2026 and Tr.CMP No.1016 of 2025 and CMP.Nos.5602 of 2026 and CMP.No.22793 of 2025 Chandraleka.P.A W/o. S.Sreenivasan, D/o.R.Palanisamy, No.D-2, U.V.Saminatha Iyer Salai, Block-27, Neyveli Township, Cuddalore District-607 803.
..Petitioner(s) Vs.
S.Sreenivasan S/o. Saminathan, No.51, First Cross Street, Devaki Nagar, Muthialpet, Pondicherry 605 003 ..Respondent(s) TR CMP No. 1016 of 2025 S. Sreenivasan S/o. Saminathan, No.51, First Cross Street, Devaki Nagar, Muthialpet, Pondicherry - 605 003.
Appellant(s) Vs PA. Chandraleka D/o. R. Palanisamy, D/2, UV Samynatha Iyer Salai, Block - 27, Neyveli Township, Cuddalore District.
Respondent(s) Prayer in TR CMP No. 184 of 2026: Transfer Civil Miscellaneous Petition is
filed under Section 24 of Civil Procedure Code, 1908, to withdraw the HMOP.No. 729 of 2024 pending on the file of the Family Court, Pondicherry and transfer the same before the Sub Court, Neyveli to be tried Jointly along with HMOP.No. 110 of 2024 pending on the file of the Sub Court, Neyveli. Prayer in TR CMP No. 1016 of 2025: Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, 1908, to withdraw and transfer HMOP No.110 of 2024 pending on the file of the Principal Sub Judge, Neyveli, for being tried and heard along with HMOP No.729 of 2024, pending on the file of the Family Court at Pondicherry. For Petitioner :
Mrs.V.Pushpalatha For Respondent :
Mr. John Zachariah Tr CMP No.1016 of 2025 For Petitioner : Mr.John Zachariah For Respondent : Mrs.V.Pushpalatha COMMON ORDER Tr.CMP.No.1016 of 2025 is filed by the husband to transfer H.M.O.P.No.110 of 2024 on the file of the Sub Court, Neyveli for being tried and heard along with H.M.O.P.No.729 of 2024 pending on the file of the Family Court at Pondicherry.
2. Whereas, the wife has taken out Tr.CMP.No.184 of 2026 to transfer
H.M.O.P.No.729 of 2024 pending before the Family Court, Pondicherry for being tried and heard along with H.M.O.P.No.110 of 2024 pending on the file of Sub Court, neyveli.
3. The learned counsel for the wife would reiterate the grounds set out in the Transfer CMP and seeks to transfer H.M.O.P.No.729 of 2024 from the file of the Family Court, Pondicherry to the Sub Court, Neyveli in order to have joint trial with H.M.O.P.No.110 of 2024 pending on the file of the Sub Court, Neyveli.
4. The learned counsel for the husband would strenuously contend that, if the H.M.O.P. filed by the husband is transferred to the Sub Court, Neyveli, it would cause inconvenience and hardship to the petitioner in Tr.C.M.P.No.1016 of 2025 and he would face life threat if he goes to Neyveli.
5. 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."
6. In consideration of the above said details, the request of the petitioner herein / wife appears to be based on justifiable cause and accordingly, Transfer Civil Miscellaneous Petition filed by the petitioner/wife is allowed. Sequel to this, H.M.O.P.No.729 of 2024 pending on the file of the Family Court, Pondicherry is withdrawn and transferred to the file of the Sub Court, Neyveli. The learned Judge, Sub Court, Neyveli, on receipt of the records shall take all effective steps to try and dispose of the matter along with H.M.O.P.No.110 of 2024 in accordance with law at the earliest. There is no order as to costs. Consequently, connected Civil Miscellaneous Petition is closed.
TR CMP No. 1016 of 2025
7. The Transfer Civil Miscellaneous Petition filed by the petitioner herein / husband stands dismissed. There is no order as to costs. Consequently, connected Civil Miscellaneous Petition is closed. 20-04-2026 MAC To
1. The Sub Court, Neyveli
2. The Family Court, Pondicherry
R.KALAIMATHI, J.
MAC Tr CMP No.184 of 2026 and Tr.CMP No.1016 of 2025 and CMP.Nos.5602 of 2026 and CMP.No.22793 of 2025 20-04-2026