K. Kalaiselvi v. Thenraj

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.01.2026

CORAM

THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE K.Kalaiselvi ... Petitioner Vs Thenraj ... Respondent PRAYER inTr.C.M.P:

This Transfer Miscellaneous Petition is filed under Section 24 C.P.C., to withdraw O.P.No.98 of 2024 pending before the Sub Judge, Kanchipuram and transfer the same to the Court having competent jurisdiction, the Sub Judge, Thiruvottriyur at the earliest opportunity.

For Petitioner : Mr.N.S.Ganesh For Respondent : No appearance 1/5

O R D E R

Heard.

2. This Transfer Miscellaneous Petition is filed under Section 24 C.P.C., to withdraw O.P.No.98 of 2024 pending before the Subordinate Court, Kanchipuram and transfer the same to the Subordinate Court, Thiruvottriyur at the earliest opportunity.

3. The marriage between the petitioner and the respondent was solemnized on 27.08.2008 as per Hindu rites and customs. The petitioner is the wife. It is stated that she is residing at Thiruvottriyur with two children and that she is aged about 37 years and is suffering from health ailments.

4. The said O.P.No.98 of 2024 has been filed by the respondent/husband seeking divorce. It is also stated that the matter is at the stage of filing counter.

5. Today, when the matter is taken up for hearing, there is no representation for the respondent.

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6. Having regard to the facts and circumstances, particularly, the petitioner being the wife, her stated health condition and her responsibility of taking care of two children, this Court is satisfied that the balance of convenience warrants transfer.

7. Accordingly, Tr.C.M.P. No.1034 of 2025 is allowed. O.P.No.98 of 2024 on the file of the Subordinate Court, Kancheepuram is withdrawn and transferred to the file of the Subordinate Court, Thiruvottriyur. The Subordinate Court, Kancheepuram shall transmit the entire records to the Subordinate Court, Thiruvottriyur, within three (3) weeks from the date of receipt of this order and the Subordinate Court, Thiruvottriyur shall dispose of the matter in accordance with law, as expeditiously as possible, uninfluenced by any observations made in this order. There shall be no order as to costs.

29.01.2026 mfa Index: Yes / No Speaking Order / Non-speaking Order 3/5

To

1. Sub Judge, Kanchipuram

2. Sub Judge, Thiruvottriyur 4/5

DR. A.D. MARIA CLETE, J mfa 29.01.2026 5/5