S.Vishnupriya v. Ayyappan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.06.2025

CORAM

THE HONOURABLE MR JUSTICE P.B. BALAJI Tr.CMP.No.475 of 2025 & CMP.No.11191 of 2025 S.Vishnupriya ... Petitioner Vs.

Ayyappan ... Respondent PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24 of CPC, to withdraw HMOP.No.10 of 2024 on the file of the Family Court, Villupuram District and transfer the same to the Family Court at Chennai District.

For Petitioner : Mr.V.Sekar For Respondent : Mr.G.Paramasivam

ORDER

The petitioner is the wife, respondent in HMOP.No.10 of 2024, which has been initiated by the respondent/husband before the Family Court, Villupuram, seeking dissolution of the marriage. 1/6

2.Heard the learned counsel for the parties.

3.The petitioner/wife, who is a Police Constable attached to the Vadapalani Police Station, has sought for transfer of the proceedings from the file of the Family Court, Villupuram, to the file of the Family Court, Chennai.

4.The learned counsel for the respondent/husband states that since the petitioner is a Police Constable, the respondent apprehends that there may be threats to his security, if he is required to attend the hearings at Chennai and therefore seeks for the case to be transferred to some other Courts other than Chennai.

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

6.Merely because the petitioner happens to be a Police Constable that by itself could not give rise to any apprehensions of any threat to the 2/6

security of the respondent/husband. Considering the fact that the petitioner, who was then residing at Villupuram and now residing at Chennai, is working at Chennai and in proof of which, her Aadhar Card has also been filed.

7.Taking into account the convenience of the wife, as repeatedly held by the Hon'ble Supreme Court as well as this Court, the case in HMOP.No.10 of 2024 is withdrawn from the file of the Family Court, Villupuram and transferred to the file of the Principal Family Court Chennai, to be taken up either the Principal Family Court, Chennai itself or assigned to any of the additional Courts, depending on the pendency of the cases before the Family Courts at Chennai.

8.Considering that the respondent is a mechanic, having his avocation at Villupuram and his livelihood is on daily servicing work, the Family Court, Chennai, shall not insist on the physical presence of the respondent/husband on all hearings dates, except where it is absolutely necessary. On all other dates, the respondent/husband shall be permitted to 3/6

be represented by a counsel or authorised agent. 9.With the above direction, the Transfer Civil Miscellaneous Petition is allowed. There shall be no order as to costs. Connected Civil Miscellaneous Petition is closed.

23.06.2025 Speaking/Non-speaking : Yes/No Index : Yes / No ata To 4/6

1.The Family Court, Villupuram.

2.The Principal Family Court, Chennai.

P.B. BALAJI,J.

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Tr.CMP.No.475 of 2025 & CMP.No.11191 of 2025 23.06.2025 6/6