Subbulakshmi v. Sambath Kumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-06-2026

CORAM

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI TR.C.M.P.No.237 of 2026 and C.M.P.No.7872 of 2026 Subbulakshmi W/o.Sambath Kumar, Residing at Door No.1/79, Vembuli Amman Kovil Street, Periya Nolambur, Chennai-600 095.

..Petitioner(s) Vs Sambath Kumar S/o.Natarajan, Residing at Door No.581-A, Thungavi Post, Madathukulam Sub-Division, Thanthoni Village, Thiruppur District-642 203.

..Respondent(s) Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C., praying to withdrawal of Original Petition in O.P.No.221 of 2025 before the Hon'ble Subordinate Judge, Udumalpet and transfer the same to the file of the Hon'ble Sub Court at Ambattur.

For Petitioner(s):

Mr.R. Abdul Mubeen For Respondent(s):

Mr.Deepan Uday

ORDER

This petition has been filed to withdraw the case in O.P.No.221 of 2025 on the file of the Subordinate Judge, Udumalpet and transfer the same to the file of the Sub Court, Ambattur.

2.Heard both sides and perused the materials available on record. 3.Learned counsel for the petitioner submits that the petitioner residing at Chennai and has two female child, viz., S.Deepika and S.Manimozhi. Both daughters are studying in a School at Mugappair West, Chennai. The respondent husband filed a petition in O.P.No.221 of 2025 before the Subordinate Judge, Udumalpet. He further submits that the petitioner is suffering from various medical illness and has been under the medical treatment for the past two years. Further, it is very difficult for the petitioner to travel to Udumalpet to attend Court proceedings. Due to the petitioner's medical condition, she cannot travel frequently. The distance between the Court and the petitioner's residence is more than 500 kms. Also, the petitioner is unemployed and depending upon his brother for survival and she is in a financially constrained position. He further submits that the petitioner is taking care of her old aged mother. Therefore, he prays to transfer the case to the Sub Court, Ambattur.

4.Learned counsel for the respondent raised objection and submits that the respondent is residing at Thiruppur and working as an Agriculturist. He further submits that if the case is transferred from Subordinate Judge, Udumalpet to Sub Court, Ambattur, it will cause inconvenience to the respondent.

5.I have gone through the affidavit filed in support of the transfer petition as well. I find merit in the submissions made by the learned counsel for the petitioner.

6.Considering the submission made by the learned counsel for the petitioner, this Court is inclined to transfer the case from the Subordinate Judge, Udumalpet to the Sub Court, Ambattur. Accordingly, the case in O.P.No.221 of 2025 is hereby withdrawn from the file of the Subordinate Judge, Udumalpet and transferred to the file of the Sub Court, Ambattur. After receipt of the case papers from the Subordinate Judge, Udumalpet, the Sub Court, Ambattur is directed to send a notice to the respondent. After due service of notice, the Sub Court, Ambattur is directed to proceed with the matter. 7.Accordingly, this transfer civil miscellaneous petition is allowed. No costs. Consequently, connected civil miscellaneous petition is closed. 04-06-2026 Index: Yes/No Speaking/Non-speaking order pam To 1.The Subordinate Judge, Udumalpet.

2.The Sub Court, Ambattur.

T.V.THAMILSELVI, J.

pam TR.C.M.P.No.237 of 2026 and C.M.P.No.7872 of 2026 04-06-2026