Vishnu Priya Alias Thachayani v. Venkat Ramanan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-04-2026

CORAM

THE HON'BLE MRS.JUSTICE R. KALAIMATHI and C.M.P.No.5445 of 2026 Vishnu Priya @ Thachayani F/A 21 D/o.Ehiraj, Residing at No.473, N.S.K.Nagar, Main Road, Arumbakkam, Chennai-600106.

..Petitioner(s) Vs.

Venkat Ramanan S/o.Shanmugasundharam, No.62, Pachagoundanvalasu, Solasiramani, Namakkal-637210.

..Respondent(s) Prayer: Transfer Civil Miscellaneous Petition is filed under Section 24 of Code of Civil Procedure, 1908, to withdraw H.M.O.P.No.72 of 2024 on the file of the Sub Court, Paramathy and transfer the same to the file of the Family Court at Chennai.

For Petitioner(s):

Mr.N.Bhaskar For Respondent(s):

Mr.S.S.Santhosa Kumar

ORDER

Heard the learned counsel for the petitioner (wife) and the learned counsel for the respondent (husband) and perused the materials available on record.

2. The respondent / wife in H.M.O.P.No.72 of 2024 on the file of the Subordinate Judge, Paramathy, is the petitioner herein. The said H.M.O.P. has been filed for dissolution of marriage on the ground of cruelty under Section 13(1)(i)(a) of the Hindu Marriage Act, 1955.

3. The petitioner would aver that she is presently pursuing her II year B.C.A Degree Course at Shri Krishnaswamy College for Women, Anna Nagar, Chennai, and that she finds it difficult to travel from Chennai to Paramathy, Namakkal District, for attending every Court hearing.

4. The learned counsel for the petitioner would reiterate the grounds set out in the petition and seeks transfer of the aforesaid O.P. to the Family Court, Chennai.

5. The learned counsel for the respondent (husband) has got objection in transferring the aforestated O.P to Family Court as it would cause hardship to the respondent.

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. 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. As a sequel to this, H.MO.P.No.72 of 2024 pending on the file of the learned Subordinate Judge, Paramathy, is withdrawn and transferred to the file of the learned VI Additional Principal Judge, Family Court, Chennai. The VI Additional Principal Judge, Family Court, Chennai, on receipt of the records, shall take all effective steps to try and dispose of the H.M.O.P.No.72 of 2024 preferably within a period of seven (7) months from the date of receipt of a copy of this order. No Costs. Consequently, connected Civil Miscellaneous Petition is closed. 17-04-2026 nvi Index: Yes/No Speaking/Non-speaking order To

1. The Subordinate Judge, Paramathy

2. The VI Additional Principal Judge, Family Court, Chennai

R.KALAIMATHI, J.

nvi TR CMP No.

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