R. Nithya v. Siva Subramanian

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated :13.08.2025

CORAM:

THE HON'BLE MR. JUSTICE P.B. BALAJI Tr.C.M.P.No.553 of 2025 and CMP No.13520 of 2025 Mrs.R.Nithya ... Petitioner vs Siva Subramanian .. Respondent Petition filed under Section 24 of Civil Procedure Code to withdraw OP No.120 of 2025, on the file of Subordinate Judge, Alandur, Chengalpattu and transfer the same to Sub Court, Pattukottai.

For Petitioner : Mr.Krishna Ramanujam For Respondent : Mr.A.Thanigaivel

ORDER

Heard the learned counsel for the petitioner/wife and the learned counsel for the respondent/husband.

2. The wife, who is the respondent in HMOP No.120 of 2025 pending on the file of Subordinate Court, Alandur is the revision petitioner herein, seeks 1/6

transfer of the said proceedings to Sub Court, Pattukottai.

3. The petitioner claims to be a resident of Orathanadu and she has expressed inconvenience to attend the proceedings pending before Sub Court, Alandur and therefore, she has sought for transfer request.

4. The said request is opposed by the learned counsel for the respondent/husband on the ground that the petitioner is running jewellery business and there would be no difficult for the petitioner/wife to travel to attend the proceedings before Sub Court, Alandur and the learned counsel for the respondent suggests that it would be convenient to both the petitioner as well as the respondent if the proceedings are transferred to a competent Court in Coimbatore.

5. Learned counsel for the petitioner/wife, on instructions, states that the petitioner is not amenable to the said request for transfer of OP No.120 of 2025 to any competent Court at Coimabtore.

6. I have gone through the affidavit filed in support of the transfer petition and the petitioner/wife has stated that she has been carrying on family 2/6

business in Orathanadu and also is taking care of her mother, who is suffering from chronic illness and it is not possible to attend the proceedings at Coimbatore, considering the distance.

7. Learned counsel for the respondent/husband has denied such averment and has stated that the petitioner can very well attend the proceedings before Sub Court, Alandur.

8.As repeatedly held by the Hon'ble Supreme Court as well as this Court, paramount consideration in matters of transfer of matrimonial proceedings will have to be the convenience of the wife.

9. In the light of the above, finding that the petitioner/wife has made out a case for transfer and has expressed genuine inconvenience to attend the proceedings at Sub Court, Alandur, I do not find that any serious prejudice would be caused to the respondent, if the proceedings are transferred to Sub Court, Pattukottai.

10. Accordingly, Tr.C.M.P is allowed and the proceedings in OP No.120 of 2025 pending on the file of Subordinate Court, Alandur is withdrawn and the 3/6

same is transferred to Sub Court, Pattukottai.

11. The Subordinate Court, Alandur is directed to send the entire records relating to OP No.120 of 2025 to the file of Subordinate Court, Pattukottai forthwith.

12. The Subordinate Court, Pattukottai shall not insist the physical presence of the respondent/husband on all hearing dates, unless when it is absolutely necessary.

13. The Subordinate Court, Pattukottai is directed to dispose of OP No.120 of 2025 on merits and in accordance with law within a period of one year from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed. 13.08.2025 Index: Yes/No Website:yes/no Speaking Order/Non-speaking Order sr 4/6

To

1. The Subordinate Court, Alandur, Chengalpattu

2. The Sub Court, Pattukottai 5/6

P.B.BALAJI.,J.

sr 13.08.2025 6/6