Tharaniya v. T.S.Saravanan

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.358 of 2026 and C.M.P.No.10082 of 2026 Tharaniya W/o. T.S.Saravanan, D/o.D.Chandrasekaran, Plot No.52, G.K.S.Nagar, Thenkanikottai Main Road, Near Hosur Govt. ITI, Krishnagiri District, Hosur - 635 110.

..Petitioner(s) Vs T.S.Saravanan S/o. T.A.Subramani, No.24/8, Achudhananda Swamy Street, Pichanoorpet, Gudiyatham - 632 602, Vellore District.

..Respondent(s) Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C., praying to withdraw the H.M.O.P.No.120 of 2025 on the file of Learned Sub Ordinate Judge at Gudiyatham and transfer the same to the file of Subordinate Judge at Hosur.

For Petitioner(s):

Mr.A.Balamurugan For Respondent(s):

Mr.K.Govi Ganesan

ORDER

This transfer civil miscellaneous petition has been filed to withdraw the case in H.M.O.P.No.120 of 2025 on the file of the Sub Court, Gudiyatham and transfer the same to the Sub Court, Hosur.

2.Heard both sides and perused the materials available on record. 3.Learned counsel for the petitioner submits that the respondent filed a divorce petition in H.M.O.P.No.120 of 2025 before the Sub Court, Gudiyatham. The petitioner is residing with her parents. The distance between the petitioner's residence and the Sub Court, Gudiyatham is 149 kms and it is very difficult for her to attend each and every hearing before the Sub Court, Gudiyatham. He further submits that the marriage was solemnized between the petitioner and the respondent in the year 2003. But they were not blessed with a baby. Since no source of income for the petitioner, she is depending upon her parents. Therefore, he prayed to transfer the case from Sub Court, Gudiyatham to Sub Court Hosur.

4.Per contra, learned counsel for the respondent raised objection and submits that he is ready to file counter.

5.On perusal of records, it is seen that the petitioner and respondent both are close relative. Due to involvement of a close relative in the matter, the case could not be transferred to the Sub Court, Hosur. Therefore, in the interest of justice, this Court is inclined to transfer the case to the Sub Court, Krishnagiri for conducting fair and proper trial.

6.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 on either side.

7.Considering the submission made by the learned counsel appearing on either side, this Court is inclined to transfer the case on the file of the Sub Court, Gudiyatham to the file of the Sub Court, Krishnagiri. Accordingly, the case in H.M.O.P.No.120 of 2025 is hereby withdrawn from the file of the Sub Court, Gudiyatham and transferred to the file of the Sub Court, Krishnagiri. After receipt of the case papers from the Sub Court, Gudiyatham, the Sub Court, Krishnagiri is directed to send a notice to both the parties within 2 weeks. After due service of notice, the Sub Court, Krishnagiri is directed to proceed with the matter in the manner known to law.

8.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 Sub Court, Gudiyatham.

2.The Sub Court, Krishnagiri.

T.V.THAMILSELVI, J.

pam TR.C.M.P.No.358 of 2026 and C.M.P.No.10082 of 2026 04-06-2026