S.Jayavardhan v. L. Sujitha

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22-06-2026

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI TR CMP Nos. 477 and 479 of 2026 and CMP.Nos.14081 and 14105 of 2026

1. S.Jayavardhan S/o. late. V. Sampath, B-2, 2nd Floor, Krishna Landons Apartment, Landons Road, Kilpauk, Chennai 010.

Petitioner(s) in bothTr.CMPs Vs

1. L. Sujitha W/o. S. Jayavardhan, E4, 502, Fifth Floor, Ozone Greens Apartment, VGP Prabhu Nagar, Perumbakkam, OMR, Chennai 100.

Respondent(s) in bothTr.CMPs PRAYER in Tr.CMP.No.477 of 2026:

Transfer Civil Miscellaneous Petition filed under Section 24 of Code of Civil Procedure, prays to withdraw and transfer HMOP No.1162 of 2025 pending on the file of the Additional Principal Family Court at Coimbatore to the Family Court at Chennai.

PRAYER in Tr.CMP.No.479 of 2026:

Transfer Civil Miscellaneous Petition filed under Section 24 of Code of Civil Procedure, prays to withdraw and transfer OS No.59 of 2025 pending on the file of the Principal Family Court at Coimbatore filed by the respondent herein to the Family Court, Chennai.

For Petitioner(s):

MS.R. Sumithra Chakkaravarthi For Respondent(s):

Mr.K.Balasubramaniam For Mr.P.Sakthivel For Sole Respondent COMMON ORDER Both parties appeared before this Court along with the child and their respective counsel.

2. The learned counsel for the respondent submitted that the child is studying in the 4th Standard at Indian Public School, Perungudi, Chennai, and is presently residing at Perumbakkam. However, the divorce petition in H.M.O.P. No.1162 of 2025 has been filed before the Additional Family Court, Coimbatore.

3. A bare perusal of the records reveals that the jurisdiction of the Court was invoked solely on the basis of a rental agreement. The said rental agreement is dated 06.06.2025, whereas the case was filed on 26.06.2025. As on date, there is no material to establish that the respondent has a permanent residence at Coimbatore. On the other hand, the child is presently studying at Indian Public School, Perungudi, Chennai, and residing at Perumbakkam, which falls within the Chennai jurisdiction. The petitioner now seeks transfer of the proceedings to a Family Court at Chennai.

4. Considering the fact that the child is studying in the 4th Standard at Perungudi and resides at Perumbakkam, which is in close proximity to Chengalpattu, this Court is of the view that, for the convenience of the parties, the proceedings may be conducted before the Subordinate Court at Chengalpattu.

5. The respondent is also permitted to appear through video conferencing, wherever permissible under law.

6. Insofar as the other suit is concerned, the same is not maintainable. If either of the parties has any grievance regarding the custody, guardianship, or maintenance of the child, they are at liberty to work out their remedy by filing appropriate proceedings under the Guardians and Wards Act and other relevant

statutes, and not by way of a separate civil suit. The suit as such is vexatious one. Therefore, the said proceedings in O.S.No.59 of 2025 on the file of the Principal Family Court, Coimbatore is liable to be struck off.

7. Consequently, the personal appearance of the parties before the Court is dispensed with, unless their presence is specifically required.

8. The personal appearance of the Head Clerk is also dispensed with.

9. Accordingly, (i) proceedings in O.S.No.59 of 2025 on the file of the Principal Family Court, Coimbatore, is struck off. (ii) HMOP.1162 of 2025 pending on the file of the Additional Principal Family Court, Coimbatore, is withdrawn and transferred to the file of the Subordinate Court at Chengalpattu.

10. The Additional Principal Family Court, Coimbatore, is directed to transmit the case records in HMOP.NO.1162 of 2025 to the Subordinate Court at Chengalpattu, within a period of three weeks from the date of receipt of a copy of this order.

11. Upon receipt of the records, the Subordinate Court, Chengalpattu, shall issue notice to the respondent and thereafter proceed with the matter in accordance with law and dispose of the same as expeditiously as possible, preferably within a period of four weeks from the date of receipt of the case

records.

12. With the above observations and directions, the above Transfer Civil Miscellaneous Petitions stand disposed of. Consequently, the connected miscellaneous petitions are closed. No costs. 22-06-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes rri

To 1.L. Sujitha W/o. S. Jayavardhan, E4, 502, Fifth Floor, Ozone Greens Apartment, VGP Prabhu Nagar, Perumbakkam, OMR, Chennai 100.

2. The Additional Principal Family Judge, Coimbatore.

3.The Subordinate Judge, Chengalpattu.

4.The Section Officer, VR Section, High Court of Madras.

T.V.THAMILSELVI J.

rri TR CMP Nos. 477 and and CMP.Nos.14081 and 14105 of 2026 22-06-2026