M.Manimegalai v. A.Manikandan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01-07-2026
CORAM
THE HONOURABLE MR.JUSTICE P.B. BALAJI and CMP No.20698 of 2025
1. M.Manimegalai W/o. Manikandan D/o. Mathiyazhagan, resi at No. 3/264, EH Road, Gandhi Nagar, Tonddiarpet, Chennai 81 present at No.1/1, Gandhi Nagar Main Road, Tondiarpet, Chennai 81 Petitioner(s) Vs
1. A.Manikandan S/o. Arumugam, Door No. 2/422, Merku Street, Paravai Village, Kunnam Taluk, Perambalur Dist.
Respondent(s) Petition filed under Section 24 of Civil Procedure Code to withdraw and transfer the case in HMOP No.107 of 2025 on the file of Family Court, Perambalur District and transfer the same to the Family Court at Chennai. For Petitioner(s):
M/s.J.H.Iniyan For Respondent(s):
Hari Krishnaa.G 1/5
ORDER
The petitioner seeks transfer of the proceedings in HMOP No.107 of 2025 from the Family Court, Perambalur to Family Court, Chennai.
2. Heard the learned counsel for the parties.
3. Learned counsel for the petitioner submits that the petitioner is residing in Chennai and she also has a minor male child, aged 2 1⁄2 years to be taken care of and it would not be possible for the petitioner to travel all the way to attend the proceedings before the Family Court, Perambalur.
4. Learned counsel for the respondent submits that the petitioner has not even initiated any proceedings for restitution of conjugal rights and the respondent is also a poor agricultural coolie and he would not be in a position to attend the proceedings, if the transfer of the proceedings is ordered as prayed for by the petitioner/wife.
5. Considering that the petitioner/wife admittedly resides in Chennai and has custody of a minor male child, now 2 1⁄2 years, it would be unreasonable to expect the petitioner to appear before the Family Court at Perambalur for attending the divorce 2/5
proceedings initiated by the respondent/husband. Hence, I am inclined to accede to the request of the petitioner for transfer. At the same time, considering that the respondent is admittedly a resident of Perambalur, Tr.C.M.P.No.896 of 2025 is allowed with the following directions:- (a) HMOP No.107 of 2025 is withdrawn from the file of Family Court, Peramablur and the same is transferred to the Principal Family Court, Chennai.
(b) The Principal Family Court, Chennai, at its discretion shall take up HMOP No.107 of 2025 or assign it to any of the Additional Family Courts, subject to the pendency of cases and work load of Family Courts here at Chennai.
(c) The Family Court, to which, the matter is assigned and being taken up, shall not insist on the physical presence of the respondent/husband for all hearings, except where the presence of the respondent/husband would be absolutely necessary say for the purpose of recording his evidence, in chief and cross.
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P.B.BALAJI.,J sr (d) It shall be open to the respondent/husband to engage the services of an advocate to represent him before the Family Court, Madras.
(e) The Family Court, Perambalur is directed to sent the entire records relating to HMOP No.107 of 2025 to the file of Principal Family Court, Chennai forthwith.
No costs. Consequently, connected miscellaneous petition is closed. 01.07.2026 sr Index:yes/no Website:yes/no Speaking Order/Non-speaking Order To
1. The Family Court, Perambalur 2, The Principal Family Court, Chennai 4/5
Tr.C.M.P.No.896 of 2025 5/5