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Madras High CourtTR CMP/794/2025allowed

S. Santhiya v. R. Karthikasan

2025-11-19Honourable Mr.Justice S. Sounthar7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.11.2025 CORAM :

THE HONOURABLE MR.JUSTICE S. SOUNTHAR and C.M.P.No.18215 of 2025 S.Santhiya .. Petitioner vs R.Karthikasan .. Respondent Prayer : Petition filed under Section 24 of CPC, to withdraw of the case in HMOP.No.308 of 2025 on the file of the Court of the Subordinate Court, Alandur and transfer the same to the Subordinate Court at Vallioor for further trial.

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For Petitioner :

Mr.H.S.Sathyanarayanan For Respondent :

Mr.R.Sanjay Kumar

ORDER

The Transfer Civil Miscellaneous Petition has been filed by the petitioner / wife seeking transfer of matrimonial proceedings initiated by the respondent in HMOP.No.308 of 2025 on the file of the Principal Subordinate Court, Alandur and transfer the same to the Subordinate Court, Vallioor.

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

3. It is the case of the petitioner that she is residing at Thisayanvillai, Thirunelveli District, and she expressed difficulty in 2/7

undertaking long travel to Alandur for the purpose of court hearing and hence seeks transfer.

4.

The 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 Thisayanvillai, Thirunelveli District, within the territorial limits of Subordinate Court, Vallioor and Alandur is 1340 kms (up and down) away from her residence.

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7. Taking into consideration the long distance and also the fact that the petitioner is residing within territorial limits of Subordinate Court, Vallioor, this Court is inclined to allow the prayer for transfer.

8. It is stated by the learned counsel for the respondent that the matrimonial proceeding pending on the file of the Subordinate Court Alandur is now transferred to Subordinate Court, Tambaram and the same has been renumbered before the said Court. The said statement is recorded.

9.

Accordingly, the Transfer Civil Miscellaneous Petition is allowed and H.M.O.P.No.308 of 2025 pending on the file of the Principal Subordinate Court, Alandur (now transferred to Subordinate Court, Tambaram ) is ordered to be transferred to Subordinate Court Vallioor. No costs. Consequently, the connected civil miscellaneous petition is closed.

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19.11.2025 Index:Yes/No ub 5/7

To 1.The Principal Subordinate Court, Alandur.

2.The Subordinate Court Vallioor.

3.The Subordinate Court, Tambaram 6/7

S. SOUNTHAR,J., ub Tr.C.M.P.No. 794 of 2025 19.11.2025 7/7