Sowmiya v. Raguraman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21-01-2026

CORAM

THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE TR CMP No. 843 of 2025 and CMP No.19201 of 2025 Sowmiya

...Petitioner(s)

Vs Raguraman

...Respondent(s)

Prayer in Tr.CMP No.843 of 2025: Transfer Civil Miscellaneous Petition is filed under Section 24(1) of Civil Procedure Code, pleased to withdrawn H.M.O.P.No.345 of 2025 on the file of Family Court, Salem and transfer the same to Additional District Court, Mettur, Salem District.

Prayer in CMP No.19201 of 2025: Petition filed under Section 151 of Civil Procedure Code, pleased to stay all further proceedings in H.M.O.P.No.345 of 2025 on the file of Family Court, Salem until disposal of this Transfer Civil Miscellaneous Petition. For Petitioner(s) : Mr.T.Ganesan For Respondent(s) : Mr.C.Deepakkumar

ORDER

Heard.

2.

This Transfer Civil Miscellaneous Petition is filed by the wife seeking transfer of H.M.O.P. No.345 of 2025 pending on the file of the Family Court, Salem, to the file of the Additional District Court, Mettur. 1/4

3.

The case of the petitioner is that the marriage between the petitioner and the respondent was solemnised on 14.03.2022 and thereafter differences arose; according to the petitioner, she has been living separately and is now residing with her parents at Mecheri, Salem District. The petitioner pleads that she is a housewife without independent income, is dependent on her aged parents, and has to travel for more than 50 kms to attend the Family Court at Salem, involving multiple bus changes, causing hardship. It is further stated that the Court at Mettur is nearer to her place of residence and that transfer will not prejudice the respondent. 4.

When this matter is taken up for hearing on 21.01.2026, the learned counsel for the petitioner has filed a memo dated 20.01.2026 stating that the jurisdiction for hearing the matrimonial cases at Mettur lies only on Subordinate Court, Mettur and seeks to transfer the case to the Subordinate Court, Mettur and also submits that both the Courts are located in the same campus. The learned counsel for the respondent has also acceded to the same.

5.

This Court, while considering transfer under Section 24 of C.P.C., is required to weigh the ends of justice and the comparative convenience of parties. In matrimonial proceedings, the convenience of the wife is a relevant consideration, particularly when she pleads want of independent income and difficulty in travelling to the Court where proceedings are instituted. 2/4

6.

Accordingly, Tr.C.M.P.No.843 of 2025 is disposed of.

H.M.O.P. No.345 of 2025 on the file of the Family Court, Salem, is withdrawn and transferred to the file of the Subordinate, Mettur, Salem District. The Family Court, Salem, shall transmit the entire records to the Subordinate Court, Mettur, Salem District, within three (3) weeks from the date of receipt of this order and the Subordinate Court, Mettur, Salem District, shall dispose of the matter in accordance with law, as expeditiously as possible, uninfluenced by any observations made in this order. Interim stay granted by this Court on 11.08.2025 shall stand vacated and C.M.P. No.19201 of 2025 is closed. There shall be no order as to costs. 21.01.2026 Index:Yes/No Internet:Yes ay To

1. The Family Court, Salem.

2. The Subordinate Court, Mettur, Salem District. 3/4

DR. A.D.MARIA CLETE ay TR CMP No. 843 of 2025 and CMP No.19201 of 2025 21.01.2026 4/4