Krishna Pingala v. M. Shreyas

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.01.2026

CORAM

THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE Tr.C.M.P.No.831 of 2025 and C.M.P.No.19070 of 2025 Krishna Pingala ... Petitioner Vs M.Shreyas ... Respondent PRAYER inTr.C.M.P: This Transfer Miscellaneous Petition is filed under Section 24 C.P.C., to withdraw H.M.O.P. No.430 of 2024 pending on the file of the learned Sub Court, Poonamallee and transfer the same to the file of the learned Sub Court, Panruti.

PRAYER in C.M.P: Petition filed under Section 151 of C.P.C., to grant interim stay of all further proceedings in H.M.O.P. No.430 of 2024 on the file of the learned Sub Court, Poonamallee.

For Petitioner : Mr.R.Sunilkumar For Respondent : Mr.v.Raghupathi

O R D E R

Heard .

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2. The petitioner is the wife. The marriage between the petitioner and the respondent was solemnised on 07.09.2022 as per Hindu rites and customs. The respondent/husband has filed H.M.O.P. No.430 of 2024 before the learned Sub Court, Poonamallee seeking dissolution of marriage.

3. The case of the petitioner is that she is residing at Panruti, Cuddalore District, and the distance between Panruti and Poonamallee is about 170 kilometres, and that it takes considerable time to travel for each hearing; that her mother is aged and unwell and cannot accompany her; and that she apprehends hardship in attending the proceedings at Poonamallee, especially when the H.M.O.P. was posted for filing counter and further hearing.

4. It is well settled that in matrimonial proceedings, while considering transfer, the Court has to keep in mind the ends of justice and ensure effective access to justice, and ordinarily, the convenience of the wife deserves due weight, particularly when distance and circumstances cause demonstrable hardship. The reasons stated by the petitioner disclose genuine difficulty in prosecuting the proceedings at Poonamallee.

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5. No material is placed to show that transfer to Panruti would cause such prejudice to the respondent as to outweigh the hardship pleaded by the petitioner. In the circumstances, this Court is of the view that the transfer sought for deserves to be ordered.

6.Accordingly, Tr.C.M.P.

No.831 of is allowed.

H.M.O.P. No.430 of 2024 on the file of the learned Sub Court, Poonamallee, is withdrawn and transferred to the file of the learned Sub Court, Panruti.The learned Sub Court, Poonamallee, shall transmit the entire records to the learned Sub Court, Panruti, within three (3) weeks from the date of receipt of this order and the learned Sub Court, Panruti 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 07.08.2025 shall stand vacated and C.M.P. No.19070 of 2025 is closed. There shall be no order as to costs.

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1. The Subordinate Judge, Sub Court, Poonamallee

2. The Subordinate Judge, Sub Court, Panruti.

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DR. A.D. MARIA CLETE, J mfa and C.M.P.No.19070 of 2025 08.01.2026 5/5