Santhi v. Mohan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.11.2025 CORAM :

THE HONOURABLE MR.JUSTICE S. SOUNTHAR Tr CMP No.630 of 2025 and C.M.P.Nos. 15024 & 15025 of 2025 Santhi .. Petitioner vs Mohan .. Respondent Prayer : Petition filed under Section 24 of CPC to pass an order to withdraw HMOP No. 30 of 2025 pending on the file of Family Court, Villupuram and transfer the same to the Principal Sub-court, Mayiladuthurai.

For Petitioner :

Mr.R.Shivakumar for M/s. K.M.Vijayan Associates For Respondent :

No appearance

ORDER

The Transfer Civil Miscellaneous Petition has been filed by the petitioner / wife seeking transfer of petition for divorce filed by the respondent / husband in HMOP No. 30 of 2025 from Family Court, Villupuram to Principal Sub-Court, Mayiladuthurai. 1/4

2.

Heard the arguments of learned counsel on either side. 3.

According to petitioner, she is residing at Koranad Village, Mayiladuthurai Taluk and divorce petition has been filed by the respondent/ husband at Family Court, Villupuram only to harass the petitioner and she finds it very difficulty in undertaking such a long travel from Mayiladuthurai to Villupuram, which is 150 kms away from her residence.

4.

Though the respondent is served and name printed in the cause-list, there is no appearance 5.

It is settled law that in cases of matrimonial dispute, the preference shall be given to the convenience of wife. 6.

In the case on hand, the petitioner / wife is residing at Mayiladuthurai which is within the territorial limits of Subordinate Court, Mayiladuthurai and the matrimonial proceeding initiated by the respondent / husband is before the Family Court, Villupuram. If the proceeding is allowed to go on before the Family Court at Villupuram, petitioner/wife has to undertake long travel to 2/4

Villupuram which is 150 kms away from her residence and to defend her case for every hearing. Further, if case is transferred to Sub Court, the respondent / husband can very well engage a counsel and contest the case and his presence may not be required during all the days before Sub Court. Hence, taking into consideration the convenience of petitioner / wife, this Court is inclined to transfer the above transfer petition as prayed for.

8.

Accordingly, the Transfer Civil Miscellaneous Petition is allowed and H.M.O.P.No.30 of 2025 pending on the file of the Family Court, Villupuram is withdrawn and transferred to the file of the Principal Sub-Court, Mayiladuthurai. No costs. Consequently, the connected civil miscellaneous petitions are closed. 18.11.2025 Index:Yes/No ssm To 1.The Family Court, Villupuram.

2.The Principal Sub-Court, Mayiladuthurai.

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S. SOUNTHAR,J., ssm Tr.C.M.P.No. 630 of 2025 18.11.2025 4/4