A.Dhanalakshmi v. P.Dinesh

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.01.2026

CORAM

THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and C.M.P.No.17856 of 2025 A.Dhanalakshmi ... Petitioner Vs P.Dinesh ... Respondent PRAYER inTr.C.M.P:

Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of Civil Procedure, 1908 to withdraw H.M.O.P. No. 429 of 2024 on the file of the Subordinate Court, Poonamallee, and to transfer the same to the Family Court, Chennai, for trial and disposal.

PRAYER in C.M.P:

To grant interim stay of all further proceedings in H.M.O.P. No. 429 of 2024 on the file of the Subordinate Court, Poonamallee, pending disposal of the Transfer Civil Miscellaneous Petition.

For Petitioner : Mr.P.M.Bakthavatsalam For Respondent : Ms.K.Nithya 1/5

O R D E R

Heard.

2. This Transfer Civil Miscellaneous Petition has been filed by the wife seeking withdrawal of H.M.O.P. No. 429 of 2024 pending on the file of the Subordinate Court, Poonamallee, instituted by the respondent/husband, and to transfer the same to the Family Court, Chennai.

3. The case of the petitioner, in brief, is that the marriage between the parties was solemnized on 26.04.2023 at Chennai; that she is presently residing with her aged parents at Perambur, Chennai; that she is unemployed and dependent upon her parents; and that she is unable to frequently travel to Poonamallee and attend hearings, more so since she requires the assistance of her aged parents for travel and court attendance. It is her specific plea that the convenience and hardship are heavily in her favour and no serious prejudice would be caused to the respondent if the matter is tried at Chennai. 2/5

4. It is well settled that while exercising power under Section 24 CPC in matrimonial matters, the Court has to primarily consider the ends of justice, and in appropriate cases, the convenience of the wife, particularly where she pleads financial dependence and difficulty in travel, deserves due weight. In the case on hand, the petitioner is residing at Chennai and pleads financial hardship and logistical difficulty in travelling to Poonamallee for each hearing. The forum sought is also a competent forum to try matrimonial matters.

5. In the overall facts and circumstances, this Court is satisfied that the balance of convenience is in favour of the petitioner and that the transfer would subserve the interests of justice.Accordingly, this Transfer Civil Miscellaneous Petition is allowed, and consequential directions are issued.

6. Accordingly, Tr.C.M.P. No. 770 of 2025 is allowed. H.M.O.P. No. 429 of 2024 on the file of the Subordinate Court, Poonamallee, is withdrawn and transferred to the file of the Family Court, Chennai.The Subordinate Court, Poonamallee, shall transmit the entire records to the Family Court, Chennai, within three (3) weeks from the date of receipt of this order and the Family Court, Chennai shall dispose of the matter in accordance with law, 3/5

as expeditiously as possible, uninfluenced by any observations made in this order. Interim stay granted by this Court on 28.07.2025 shall stand vacated and C.M.P. No. 17856 of 2025 is closed. There shall be no order as to costs. 08.01.2026 mfa Index: Yes / No Speaking Order / Non-speaking Order To

1. Subordinate Court, Poonamallee

2. Family Court, Chennai 4/5

DR. A.D. MARIA CLETE, J mfa and C.M.P.No.17856 of 2025 08.01.2026 5/5