Umamageshwari v. R. Udhayakumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.06.2025

CORAM

THE HONOURABLE MR JUSTICE P.B. BALAJI TR.CMP. No.379 of 2025 and CMP. No.8409 of 2025 Mrs.Umamageshwari Petitioner Vs R.Udhayakumar Respondent PRAYER: This Transfer Civil Miscellaneous Petitions are filed under Section 24 of CPC, to withdraw the HMOP. No.162 of 2023 pending on the file of the Sub Court at Ponneri and transfer the same to the Sub Court at Tambaram.

For Petitioner : Mr.B.Thirunavukkarasu For Respondent : Mr.R.Ganeshkumar **********

ORDER

The petitioner is the wife who is facing dissolution of marriage proceedings in HMOP No.162 of 2023 before the Sub Court, Ponneri, filed by the respondent/husband. The petitioner has come forward the present transfer request citing inconvenience to travel all the way to Ponneri.

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2. The learned counsel for the respondent/husband states that the wife has stated distance alone as the only reason for seeking transfer and there has been no inconvenience the petitioner to attend the proceedings before the Sub Court at Poonamallee.

3. I have carefully considered the submissions advanced by the learned counsel on either side.

4. As repeatedly held by the Hon'ble Supreme Court as well as this Court, the paramount consideration in such matters requesting transfer of matrimonial proceedings, should be the convenience of the wife. Therefore, accepting the reasons that have been assigned for transfer, I am inclined to entertain the transfer petition.

5. Accordingly, the Transfer Civil Miscellaneous Petition is allowed and the case in HMOP No.162 of 2023 is withdrawn from the file of the Sub Court, Ponneri and transferred to the file of the Sub Court, Tambaram. At the same time, the interest of the respondent/husband should also be taken care of and considering the same, while allowing the transfer petition, directions are issued to the Sub Court, Tambaram not to 2/4

insist on the physical presence of the respondent/husband on all hearing dates, except where it is absolutely necessary for the purpose of his examination. There shall be no order as to costs. Connected Civil Miscellaneous Petition is closed.

25.06.2025 rkp Index : Yes / No Internet : Yes / No To:

1. The Sub Judge, Sub Court at Ponneri.

2. The Sub Judge, Tambaram.

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P.B.BALAJI, J., rkp TR.CMP. No.379 of 2025 and CMP. No.8409 of 2025 25.06.2025 4/4