K.Jayalakshmi, v. R.Karthick,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-02-2026

CORAM

THE HON'BLE DR.JUSTICE A.D.MARIA CLETE and CMP NO. 18145 of 2025 K.Jayalakshmi ..Petitioner Vs R.Karthick ..Respondent Prayer in TR CMP No. 785 of 2025: Petition filed under section 24 of CPC to withdraw the H.M.O.P.No.930 of 2024 pending on the file of the Sub Court at Alandur and transfer the same to the Family Court at Puducherry. Prayer in CMP No. 18145 of 2025: Petition to stay of all further proceedings of the H.M.O.P.No.930 of 2024 on the file of the Sub Court at Alandur till pending final disposal of the Main Transfer C.M.P.

For Petitioner:

Mr.B.Thirunavukkarasu For Respondent:

Mr.M.Sarathkumar

Order Heard.

2. This Transfer Civil Miscellaneous Petition is filed to withdraw H.M.O.P. No.930 of 2024 pending on the file of the Sub Court, Alandur and to transfer the same to the file of the Family Court, Puducherry and the connected miscellaneous petition is filed seeking interim stay.

3. The petitioner is the wife and the respondent is the husband. The marriage between the petitioner and the respondent was solemnized on 03.06.2007.The respondent/husband has filed H.M.O.P. No.930 of 2024 before the Sub Court, Alandur, seeking dissolution of marriage by a decree of divorce.

4. The learned counsel for the petitioner submitted that the petitioner is working and residing at Puducherry and therefore, she seeks transfer of the matrimonial proceedings to Puducherry. It is also pointed out that G.W.O.P. has been filed at Puducherry.

5. Per contra, the learned counsel for the respondent submitted that the children have been ordered to be in the custody of the respondent; that the respondent is taking care of the children as well as his aged parents; and that the children are studying at Chennai.

6. This Court has considered the rival submissions. While the petitioner seeks transfer on the ground of residence and employment at Puducherry, the materials placed indicate that the children are presently in the custody of the respondent and are studying at Chennai, and the respondent is also taking care of his aged parents. In the circumstances, this Court is not convinced that the balance of convenience lies in favour of the petitioner for ordering transfer.

7. With the above observations, the Transfer Civil Miscellaneous Petition is liable to be dismissed. Accordingly Tr.C.M.P. No.785 of 2025 is dismissed. Consequently, C.M.P. No.18145 of 2025 is closed. There shall be no order as to costs.

06-02-2026 Index: Yes/No Speaking/Non-speaking order SHL To

1. The Sub Court at Alandur

2. The Family Court at Puducherry

DR.A.D.MARIA CLETE J.

SHL AND CMP NO. 18145 OF 2025 06-02-2026