Ananthi V. v. Vijayaperumal G.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05-02-2026
CORAM
THE HON'BLE DR.JUSTICE A.D.MARIA CLETE and CMP No. 8082 of 2025 Ananthi V.
..Petitioner Vs Vijayaperumal G.
..Respondent Prayer in TR CMP No. 360 of 2025: Petition filed under section 24 of CPC to withdraw and transfer the HMOP No.186/2025 on the file of the IV Additional Family Court at Chennai to the Honble Subordinate court at Ranipet Prayer in CMP No. 8082 of 2025:Petition to stay all further proceedings of HMOP No.186/2025 on the file of the IV Additional Family Court at Chennai pending disposal of the above transfer petition For Petitioner:
Mr.M.Aloysius Raja Pragash For Respondent:
No appearance
ORDER
Heard.
2. This Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw H.M.O.P. No.186 of 2025 pending on the file of the IV Additional Family Court, Chennai and to transfer the same to the file of the Subordinate Court, Ranipet.
3. The petitioner is the wife of the respondent. The marriage between the parties was solemnized on 09.11.2016. Out of the wedlock, the parties have two children, aged about 7 years and 4 years, who are stated to be in the care and custody of the petitioner.
4. The respondent/husband has filed H.M.O.P. No.186 of 2025 on the file of the IV Additional Family Court, Chennai for dissolution of marriage . The petitioner states that she is working and residing at Ranipet along with the two children and that she is having 60% disability (deaf and dumb). It is further stated that her father is no more and her aged mother has no one to accompany the petitioner, and therefore, it would cause grave hardship to the petitioner to travel from Ranipet to Chennai and attend each and every hearing with two children, especially in view of the petitioner's disability.
5. In matrimonial transfer petitions, the Court has to consider the convenience and hardship of the parties, and the paramount consideration is to
secure the ends of justice. In the case on hand, the petitioner/wife is residing at Ranipet with two minor children and has specifically pleaded her 60% disability (deaf and dumb) and the consequent difficulty in undertaking travel to Chennai for every hearing.
6. On the other hand, no serious prejudice would be caused to the respondent if the proceedings are tried at Ranipet, whereas refusal to transfer would result in undue hardship to the petitioner. Hence, this Court is inclined to allow the transfer sought for.
7. Accordingly, Tr.C.M.P. No.360 of 2025 is allowed. H.M.O.P. No.186 of 2025 on the file of the IV Additional Family Court, Chennai, is withdrawn and transferred to the file of the Subordinate Court, Ranipet. The IV Additional Family Court, Chennai, shall transmit the entire records to the Subordinate Court, Ranipet, within three (3) weeks from the date of receipt of this order and the Subordinate Court, Ranipet shall dispose of the matter in accordance with law, as expeditiously as possible, uninfluenced by any observations made in this order. Interim stay granted by this Court on 02.04.2025 shall stand vacated and C.M.P. No.8082 of 2025 is closed. There shall be no order as to costs. 05-02-2026 Index: Yes/No Speaking/Non-speaking order SHL
To
1. The IV Additional Family Court at Chennai
2. The Subordinate court at Ranipet
DR.A.D.MARIA CLETE J.
SHL and CMP NO. 8082 of 2025 05-02-2026