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Madras High CourtTR CMP/739/2025allowed

K.Priyanga v. M.S Hariprasad

2025-11-18Honourable Mr.Justice S. Sounthar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.11.2025 CORAM :

THE HONOURABLE MR.JUSTICE S. SOUNTHAR and C.M.P.No. 17263 of 2025 K.Priyanga .. Petitioner vs M.S.Hariprasad .. Respondent Prayer : Petition filed under Section 24 of CPC order the withdrawal of HMOP No. 1 of 2025 from the file of learned Principal Subordinate Court at Tiruchirappalli and transfer the same to the file of learned Subordinate Court at Poonamallee.

For Petitioner :

Mr.C.Jayavel For Respondent :

Mr.T.Leninkumar

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. 1 of 2025 pending on the file 1/4

of Principal Subordinate Court, Tiruchirappalli to Subordinate Court, Poonamallee.

2.

Heard the arguments of learned counsel on either side. 3.

According to petitioner, she is residing at Ambal Nagar, Porur, Chennai, within the jurisdiction of Subordinate Court, Poonamallee and she is having a child aged about 15 months. She expressed difficulty in undertaking long travel to Trichirappalli for the purpose of court hearing and hence seeks transfer. 4.

Learned counsel for the respondent vehemently opposed the prayer for transfer on the ground that the petitioner herein filed the instant transfer petition only to harass the respondent. 5.

It is settled law that in cases of matrimonial dispute, the preference shall be given to the convenience of wife. 6.

In the case on hand, the petitioner / wife is residing at Porur within the territorial limits of Subordinate Court, Poonamallee and Trichirappalli is 450 kms away from her residence. The petitioner is also having a child aged about 15 months. In such 2/4

circumstances, it may not be possible for her to undertake such a long travel to Trichirappalli to defend the proceedings initiated by her husband. Hence, taking into consideration the convenience of petitioner / wife, this Court is inclined to transfer the above transfer petition as prayed for.

7.

Accordingly, the Transfer Civil Miscellaneous Petition is allowed and H.M.O.P.No.1 of 2025 pending on the file of the Principal Subordinate Court, Tiruchirappalli is withdrawn and transferred to the file of the Subordinate Court, Poonamallee. No costs. Consequently, the connected civil miscellaneous petition is closed.

18.11.2025 Index:Yes/No ssm To 1.The Principal Subordinate Court, Tiruchirappalli.

2.The Subordinate Court, Poonamallee.

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S. SOUNTHAR,J., ssm Tr.C.M.P.No. 739 of 2025 18.11.2025 4/4