Priya v. Sakthivel

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.11.2025

CORAM:

THE HONOURABLE Mr. JUSTICE S.SOUNTHAR and C.M.P.No.12952 of 2025 Priya ... Petitioner Vs.

Sakthivel ... Respondent Prayer: Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, to withdraw the case in H.M.O.P.No.177 of 2024 pending on the file of Sub Court, Udumalaipettai and transfer the same to the Sub Court, Pappireddipatti, Dharmapuri District. For Petitioner : Mr.J.Pradeep For Respondent : Mr.J.A.Sharan Rakshith

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 H.M.O.P.No.177 of 2024 from the file of Sub Court, Udumalaipettai to the file of Sub Court, Pappireddipatti, Dharmapuri District.

2. Heard the arguments of the learned counsel for the petitioner and 1/4

the learned counsel for the respondent.

3. According to the petitioner/wife, she is residing at Dadanur, Dharmapuri District and she is having two years old child. Hence, she finds it very difficult to undertake such a long travel to Udumalaipettai for the purpose of attending court hearings, which is nearly 255 kms away from her native place. Therefore, she filed this transfer petition with the aforesaid prayer.

4. The learned counsel appearing for the respondent opposed the transfer application on the ground that the respondent is ready to bear the travelling expenses of the petitioner.

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

6. In the case on hand, the petitioner/wife is residing at Dadanur, Dharmapuri District and she is having two years old child. Therefore, it may not be possible for her to undertake such a long travel to Udumalaipettai to 2/4

attend each and every court hearings. In such circumstance, by taking into consideration the convenience of the petitioner/wife, this Court is inclined to order the above transfer petition as prayed for.

7. Accordingly, the Transfer Civil Miscellaneous Petition is allowed and H.M.O.P.No.177 of 2024 pending on the file of the Sub Court, Udumalaipettai is withdrawn and transferred to the file of the Sub Court, Pappireddipatti, Dharmapuri District. No costs. Consequently, the connected civil miscellaneous petition is closed. 05.11.2025 Index : Yes / No Speaking order : Yes / No : Yes / No dm To 1.The Sub Court, Udumalaipettai.

2.The Sub Court, Pappireddipatti, Dharmapuri District.

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S.SOUNTHAR , J.

dm 05.11.2025 4/4