B.Padmashini v. P.Santhoshkumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-02-2026

CORAM

THE HON'BLE DR.JUSTICE A.D.MARIA CLETE and CMP No.19254 of 2025 B.Padmashini W/o. Santhoshkumar and D/o. Balaji, No.55, Plot No.S-2, 2nd Floor, Sruthi Home, 1st Cross Street, Lakshmi Nagar, Velacherry, Chennai - 600 042. ..Petitioner(s) Vs P.Santhoshkumar S/o. Purusothaman, No.8, Sundaram Street, Arcot Town and Taluk, Ranipet - District.

..Respondent(s) PRAYER IN TRCMP To permit the petitioner / Petitioner to withdraw the HMOP.No.51 of 2024 on the file of the Sub-Ordinate Court at Ranipet and thus transfer the same to the Honble Family Court at Chennai. PRAYER IN CMP To stay of all further proceedings in HMOP.No.51 of 2024 on the file of the Sub-Ordinate Court at Ranipet. For Petitioner(s):

Mr.P.Arumugarajan For Respondent(s):

No appearance

TR CMP No. 848 of 2025 and CMP No.19260 of 2025 B.Padmashini W/o. Santhoshkumar and D/o. Balaji, No.55, Plot No.S-2, 2nd Floor, Sruthi Home, 1st Cross Street, Lakshmi Nagar, Velacherry, Chennai - 600 042. ..Petitioner(s) Vs P.Santhoshkumar S/o. Purusothaman, No.8, Sundaram Street, Arcot Town and Taluk, Ranipet - District.

..Respondent(s) PRAYER IN TRCMP To direct the Respondent / Petitioner to withdraw the HMOP.No164 of 2023 on the file of the Sub-Ordinate Court at Ranipet and thus transfer the same to the Honble Family Court at Chennai. PRAYER IN CMP To stay all further proceedings in HMOP.No164 of 2023 on the file of the Sub-Ordinate Court at Ranipet. For Petitioner(s):

Mr..P.Arumugarajan For Respondent(s):

No appearance

COMMON ORDER Heard.

2. These Transfer Civil Miscellaneous Petitions are filed by the petitioner/wife under Section 24 C.P.C., seeking withdrawal of H.M.O.P. No.51 of 2024 and H.M.O.P. No.164 of 2023, pending on the file of the Subordinate Court, Ranipet, and to transfer the same to the file of the Family Court, Chennai.

3. Their marriage was solemnized on 28.10.2022. The respondent/husband has filed H.M.O.P. No.164 of 2023 on the file of the Subordinate Court, Ranipet, under Section, seeking dissolution of the marriage. Another matrimonial proceeding H.M.O.P. No.51 of 2024 has filed by the wife /petitioner for the restitution of conjugal rights on the file of the Subordinate Court, Ranipet.

4. The petitioner submits that both the cases are pending at Ranipet, and she is residing at Chennai along with a 11⁄2 year old child, and that she would be put to serious hardship if she is compelled to travel to Ranipet for each and every hearing. It is further submitted that the matters are still in the pre-trial stage.

5. It is also stated that the respondent has changed his address and though notice was served on the respondent to the new address and his name was printed in the cause list, today when the matter is taken up for hearing, there is no appearance on behalf of the respondent.

6. This Court has considered the submissions. In transfer petitions arising out of matrimonial proceedings, the convenience of the wife, particularly when she has the responsibility of a minor child, is a significant consideration. Further, since the proceedings are in the pre-trial stage, transfer at this stage would not cause prejudice to the respondent; on the other hand, refusal would cause avoidable hardship to the petitioner.

7. In the above circumstances, this Court is satisfied that the transfer sought deserves to be ordered.

8. Accordingly, Tr.C.M.P. No.846 of 2025 and Tr.C.M.P. No.848 of 2025 are allowed. H.M.O.P. No.51 of 2024 and H.M.O.P. No.164 of 2023 on the file of the Subordinate Court, Ranipet, are withdrawn and transferred to the file of the Family Court, Chennai. The Subordinate Court, Ranipet, 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 matters in accordance with law, as expeditiously as possible, uninfluenced by any observations made in this order. Interim stay granted by this Court on 12.08.2025 in CMP No.19254 of 2025 in Tr.C.M.P.No.846 of 2025 shall stand vacated and consequently, connected C.M.P. No.19254 of 2025 and CMP No.19254 of 2025 are closed. There shall be no order as to costs. 24-02-2026 Index: Yes/No Speaking/Non-speaking order MFA

To

1. Sub-Ordinate Court at Ranipet

2. Family Court at Chennai.

DR.A.D.MARIA CLETE, J.

MFA and CMP No.19254 of 2025 and TR CMP No. 848 of 2025 and CMP No.19260 of 2025 24-02-2026