Sri Devibala v. Sai Siddarth

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated :16.07.2025

CORAM:

THE HON'BLE MR. JUSTICE P.B. BALAJI Tr.C.M.P.No.437 of 2025 and CMP No.10121 of 2025 Mrs.Sri Devibala ... Petitioner vs Sai Siddarth .. Respondent Petition filed under Section 24 of Civil Procedure Code to withdraw FCOP No.42 of 2025 on the file of Family Court, Chengalpet and transfer the same to Principal Sub Judge, Kancheepuram.

For Petitioner : Mr.P.Surendran For Respondent : Mr.S.Muralikrishnan

ORDER

Though it is contended by the learned counsel for the respondent that the petitioner, being a Dentist, is having multiple clinics and that she is also coming to Chennai regularly, where she has recently opened a Clinic at Tondiarpet, learned counsel for the petitioner, on instructions, states that the 1/4

petitioner does not come to Chennai and does not have any clinic at Tondiarpet, as claimed by the respondent and there is no material to substantiate the said claim of the respondent/husband that the petitioner has practice across multiple towns, including, Chengalpet, Tambaram and Chennai.

2. In the light of the above, considering that the petitioner has expressed difficulties in travelling from Kancheepuram to attend the proceedings before the Family Court, Chengalpet and in the light of the settled legal position that in matters of transfer concerning matrimonial disputes, the paramount consideration will have to be the convenience of the wife, I am inclined to accept the request for transfer as sought for by the learned counsel for the petitioner/wife.

3. It is brought to my notice that the petitioner/wife has also filed HMOP No.79 of 2025 which is also pending only before Principal Sub Court, Kancheepuram and therefore, necessarily these matters have to be jointly tried to avoid multiplicity of proceedings.

4. In the light of the above, the proceedings in FCOP No.42 of 2025 pending on the file of Family Court, Chengalpet is withdrawn and the same is 2/4

transferred to Principal Sub Court, Kancheepuram to be tried along with HMOP No.79 of 2025, filed by the petitioner/wife.

5. It is made clear that Sub Judge, Kancheepuram shall not insist on the physical appearance of the respondent/husband on all hearing dates, except where it would be absolutely necessary.

6. The Family Court, Chengalpet is directed to send the entire records relating to FCOP No.42 of 2025 to the file of Principal Sub Court, Kancheepuram forthwith.

7. With the above direction, Tr.C.M.P.No.437 of 2025 is allowed. No costs. Consequently, connected miscellaneous petition is closed. 16.07.2025 Index: Yes/No Website:yes/no Speaking Order/Non-speaking Order sr To

1. The Family Court, Chengalpet

2. The Sub Court, Kancheepuram 3/4

P.B.BALAJI.,J.

sr 16.07.2025 4/4