Keerthana v. Yogendiran

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.01.2026

CORAM

THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and C.M.P.No.21659 of 2025 Mrs.Keerthana ... Petitioner

Versus

Yogendiran ... Respondent Prayer in Tr.C.M.P.No.958 of 2025: Petition filed under Section 24 of C.P.C., to withdraw and transfer the H.M.O.P.No.74 of 2025 from the file of the Sub Court, Lalgudi, Tiruchirapalli District, to the file of the Sub Court, Cheyyar, Tiruvannamalai District.

Prayer in C.M.P.No. 21659 of 2025: Petition filed under Section 151 of C.P.C., to stay the all further proceedings in H.M.O.P.No.74 of 2025 on the file of the Sub Court, Lalgudi, Tiruchirapalli District, pending disposal of the Transfer Civil Miscellaneous Petition.

For Petitioner :

Mr.S.Makesh For Respondent :

No appearance 1/4

ORDER

Heard.

2. The petitioner/wife seeks transfer of H.M.O.P. No.74 of 2025 from the file of the Sub-Court, Lalgudi to the file of the Sub-Court, Cheyyar.

3. The marriage between the petitioner and the respondent was solemnized on 02.06.2024. The petitioner states that she is presently residing with her parents, running a small bunk shop for survival, and has no independent income.

4. The petitioner has filed a maintenance case in M.C.No.3 of 2025 before the Judicial Magistrate Court, Cheyyar on 27.03.2025 and notice has been ordered therein. After receipt of notice, the respondent has filed the divorce petition in H.M.O.P. No.74 of 2025 before the Sub-Court, Lalgudi on 17.06.2025. The grievance of the petitioner is that the distance to Lalgudi is about 300 kms, travel is difficult due to limited connectivity, and her financial condition makes it onerous to attend proceedings at Lalgudi.

5. This Court has considered the materials on record. In matrimonial transfer petitions, the convenience of the wife ordinarily deserves primacy, 2/4

particularly when she pleads financial hardship and difficulty in travel. Here, the petitioner is already prosecuting M.C. No.3 of 2025 at Cheyyar. If the divorce proceedings are also tried at Cheyyar, it would avoid multiplicity of travel for the petitioner and facilitate effective adjudication. On the other hand, no serious prejudice is shown to the respondent if the matter is transferred. In the interest of justice, this Court is inclined to allow the transfer petition.

6. Accordingly, Tr.C.M.P.No.958 of 2025 is allowed. H.M.O.P. No.74 of 2025 on the file of the Sub-Court, Lalgudi, Tiruchirappalli District, is withdrawn and transferred to the file of the Sub-Court, Cheyyar, Tiruvannamalai District. The Sub-Court, Lalgudi, shall transmit the entire records to the Sub-Court, Cheyyar, within three (3) weeks from the date of receipt of this order and the Sub-Court, Cheyyar shall dispose of the matter in accordance with law, as expeditiously as possible, uninfluenced by any observations made in this order and C.M.P.No.21659 of 2025 is closed. There shall be no order as to costs.

08.01.2026 cda 3/4

DR. A.D. MARIA CLETE, J cda To 1.The Sub Court, Lalgudi, Tiruchirapalli District. 2.The Sub Court, Cheyyar, Tiruvannamalai District. and C.M.P.No.21659 of 2025 08.01.2026 4/4