P Abiramini Padmavathi v. A P Vijay Anand
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.01.2026
CORAM:
THE HONOURABLE DR. JUSTICE A.D. MARIA CLETE Tr.C.M.P. No.503 of 2025 & C.M.P. No.12650 of 2025 P. Abiramini Padmavathi W/o. A.P. Vijay Anand, No.27, Main Road, Rainbow Nagar, Puducherry - 605 011.
... Petitioner -VersusA.P. Vijay Anand S/o. Pari, No.2/79, Raja Street, Avarankuppam Village, Pullur Post, Vaniyambadi Taluk, Tirupathur District.
... Respondent Prayer in Tr.C.M.P. No.503 of 2025: Transfer Petition filed under Section 24 of C.P.C., to withdraw H.M.O.P. No.20 of 2025 on the file of the Sub Court, Vaniyambadi, Thirupathur District and transfer the same to the Family Court, Puducherry.
Prayer in C.M.P. No.12650 of 2025: Petition seeking interim stay of further proceedings in H.M.O.P. No.20 of 2025 on the file of the Sub Court, Vaniyambadi, Thirupathur District pending disposal of the Transfer C.M.P. For Petitioner : Mr.J.Aravind For Respondent : No appearance 1/6
ORDER
1. Heard .
2. The present Transfer Civil Miscellaneous Petition has been filed by the petitioner/wife seeking withdrawal of H.M.O.P. No.20 of 2025 from the file of the Sub Court, Vaniyambadi, Thirupathur District and transfer of the same to the file of the Family Court, Puducherry.
3. The petitioner states that the marriage between the parties was solemnized on 07.09.2022 at Puducherry and the marriage was registered on 13.09.2022; there is no issue out of the wedlock.
4. It is the case of the petitioner that she is presently residing at Puducherry and she has initiated maintenance proceedings in Puducherry (M.C. No.19 of 2025), which is pending and trial is yet to commence.
5. The respondent/husband has filed H.M.O.P. No.20 of 2025 seeking divorce before the Sub Court, Vaniyambadi.
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6. This Court had earlier ordered interim stay of further proceedings.
7. In the case on hand, the petitioner/wife is residing at Puducherry and has already initiated maintenance proceedings at Puducherry, which are pending. If H.M.O.P. No.20 of 2025 is continued at Vaniyambadi, the petitioner would be compelled to undertake repeated travel and incur expenses, whereas consolidation of proceedings at Puducherry would facilitate effective participation and reduce multiplicity of travel. This Court also notes that there are no children born to the parties.
8. In such circumstances, transferring the matrimonial proceeding to the place where the wife resides, especially when her connected proceeding is pending there, would advance the cause of justice and ensure a fair opportunity to the petitioner to contest the H.M.O.P. Having regard to the above facts and circumstances, this Court is satisfied that the balance of convenience lies in favour of the petitioner/wife and that the ends of justice require transfer of the matrimonial proceeding.
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11. Accordingly, Tr.C.M.P. No.503 of 2025 is allowed. H.M.O.P. No.20 of 2025 on the file of the Sub Court, Vaniyambadi, is withdrawn and transferred to the file of the Family Court, Puducherry. The Sub Court, Vaniyambadi, shall transmit the entire records to the Family Court, Puducherry, within three (3) weeks from the date of receipt of this order and the Family Court, Puducherry shall dispose of the matter in accordance with law, as expeditiously as possible, uninfluenced by any observations made in this order. The interim stay granted by this Court on 06.06.2025 shall stand vacated and C.M.P. No.12650 of 2025 is closed. There shall be no order as to costs.
30.01.2026 mfa Index: Yes / No Speaking Order / Non-speaking Order 4/6
To
1. Sub Court, Vaniyambadi,
2. Family Court, Puducherry 5/6
DR. A.D. MARIA CLETE, J mfa Tr.C.M.P. No.503 of 2025 & C.M.P. No.12650 of 2025 30.01.2026 6/6