Devi v. M. Dasarathan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-02-2026

CORAM

THE HON'BLE DR.JUSTICE A.D.MARIA CLETE AND CMP NO. 16346 OF 2024 Devi W/o. M. Dasarathan and D/o. Rajendran, Chitra Illam, No.21, 9 th Street, North Subramaniapuram, karaikudi, Sivaganga Dt.

..Petitioner(s) Vs M. Dasarathan S/o. Munusamy, No.37, Chitra Nagar, Kotturpuram, Chennai 85.

..Respondent(s) To withdraw and transfer the HMOP No.346 of 2023 from the file of the Sub Court, Alandur to the file of the Sub Court, Karaikudi. CMP No. 16346 of 2024 To grant Interim stay of all further proceedings in HMOP No.346 of 2023 on the file of the Sub Court, Alandur, pending disposal of the above Transfer CMP.

For Petitioner(s):

Mr.R.Kamaraj For Respondent(s):

No apperance Order Heard.

2.

This Transfer Civil Miscellaneous Petition is filed under Section 24 CPC seeking withdrawal of H.M.O.P. No.346 of 2023 pending on the file of the Sub Court, Alandur and transfer of the same to the file of the Sub Court, Karaikudi.

3. The marriage between the petitioner and respondent was solemnized on 17.06.2018 at Abirami Thirumana Mandapam, Thirupathur Talk, Sivagangai District as per Hindu rites and customs. Out of their wedlock, a female child was born to them on 15.06.2019. The respondent husband filed HMOP No.346 of 2023 seeking restitution of conjugal rights, before the Subordinate Court at Alandur.

4. The petitioner is the wife and it is stated that she is residing at Karaikudi, Sivagangai District along with her child and aged parents, and that it would be extremely difficult for her to travel to Alandur for every hearing. It is submitted that H.M.O.P. No.346 of 2023 is at the evidence stage and that the matter is posted today.

5. In matrimonial matters, the convenience of the wife, particularly where she has the responsibility of minor child, assumes significance. Here, the petitioner has pleaded the practical difficulty in travelling from Karaikudi to Alandur with minor child. In such circumstances, this Court is satisfied that allowing the transfer would subserve the ends of justice and avoid hardship to the petitioner.

6.

Accordingly, Tr.C.M.P. No.745 of 2024 is allowed. H.M.O.P. No.346 of 2023 pending on the file of the Sub Court, Alandur is withdrawn and transferred to the file of the Sub Court, Karaikudi. The Sub Court, Alandur shall transmit the entire records to the Sub Court, Karaikudi within three weeks from the date of receipt of a copy of this order. The Sub Court, Karaikudi shall dispose of the matter in accordance with law, as expeditiously as possible, uninfluenced by any observation made in this order. No costs. Consequently, C.M.P. No.16346 of 2024 stands closed.

12-02-2026 Index: Yes/No Speaking/Non-speaking order SHL

To

1. Sub Court, Alandur

2. Sub Court, Karaikudi

DR.A.D.MARIA CLETE J SHL AND CMP NO. 16346 OF 2024 12-02-2026