U.Irudaya Jovit Mary v. Ulaganathan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.11.2025 CORAM :

THE HONOURABLE MR.JUSTICE S. SOUNTHAR and C.M.P.No.18980 of 2025 U.Irudaya Jovit Mary .. Petitioner vs Ulaganathan .. Respondent Prayer : Petition filed under Section 24 of CPC, to withdraw of the case in OP.No.3305 of 2024 on the file of the Court of the III Additional Family Court, Chennai and transfer the same to the Principal District Judge, Pudukottai.

For Petitioner :

Mr.M.Chandrasekaran For Respondent :

Mr.M.Sanath Kumar

ORDER

The Transfer Civil Miscellaneous Petition has been filed by the petitioner / wife seeking transfer of OP.No.3305 of 2024 pending on the 1/6

file of the III Additional Family Court, Chennai to the file of Principal District Judge, Pudukottai.

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

3. The respondent/husband filed a petition of dissolution of marriage under Section 10(x) of the Divorce Act, 1869, before the Family Court, Chennai. According to the petitioner, she is residing at Pudukottai along with her children and aged parents and she expressed difficulty in undertaking long travel to Chennai for the purpose of Court hearing and hence seeks transfer petition.

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. 2/6

6.

In the case on hand, the petitioner / wife is residing at Pudukottai, which is nearly 350 k.m away from Chennai and she is also having children, therefore, it may not be possible for her to undertake long travel to Chennai to attend each and every Court hearings. Therefore, by taking into consideration, the convenience of petitioner/wife, this Court is inclined to allow the transfer petition as prayed for.

7.

Accordingly, the Transfer Civil Miscellaneous Petition is allowed and O.P.No.3305 of 2024 pending on the file of the III Additional Family Court, Chennai is ordered to be transferred to the file of the Principal District Judge, Pudukottai. No costs. Consequently, the connected civil miscellaneous petition is closed. 19.11.2025 Index:Yes/No 3/6

ub To

1. The III Additional Family Court, Chennai.

2. The Principal District Judge, Pudukottai.

4/6

S. SOUNTHAR,J., ub Tr.C.M.P.No.823 of 2025 5/6

19.11.2025 6/6