A.G.Ackshaiya Angel v. Stanley Jaison
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24-02-2026
CORAM
THE HON'BLE DR.JUSTICE A.D.MARIA CLETE AND CMP NO. 20496 OF 2025 A.G.Ackshaiya Angel D/o. K. Ashok Kumar Augustin, No.F9, Rose Park Avenue, Samichettipalayam, Jothipuram Post, Coimbatore North Taluk, Coimbatore District - 047.
..Petitioner(s) Vs Stanley Jaison S/o. Amal Joseph, Plot No.48, House No.16, 2nd Main Road, Yeshwanth Nagar, Madambakkam, Tambaram Taluk, Chengalpattu District - 126.
..Respondent(s) CMP No. 20496 of 2025 A.G.Ackshaiya Angel D/o. K. Ashok Kumar Augustin, No.F9, Rose Park Avenue, Samichettipalayam, Jothipuram Post, Coimbatore North Taluk, Coimbatore District - 047.
..Appellant(s) Vs Stanley Jaison S/o. Amal Joseph, Plot No.48, House No.16, 2nd Main Road, Yeshwanth Nagar, Madambakkam, Tambaram Taluk, Chengalpattu District - 126.
..Respondent(s) To withdraw IDOP No.137 of 2025 on the file of the Honble Principal District Court, Chengalpattu and transfer the same to Principal District Court, Coimbatore District. (Amended as per order dated 24.02.2026 made in C.M.P.No.5028 of 2026]
CMP No. 20496 of 2025 To stay all further proceedings in IDOP No.137 of 2025 on the file of Principal District Court, Chengalpattu pending disposal of the main Tr.CMP. For Petitioner(s):
Mr.M. Shankar For Respondent(s):
Mr.S.Velmurugan Order Heard.
2. This Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure seeking withdrawal of I.D.O.P. No.137 of 2025 pending on the file of the Principal District Court, Chengalpattu (filed by the respondent/husband seeking divorce under the Indian Divorce Act) and for transfer of the same to the competent Court at Coimbatore District.
3. The petitioner is the wife. The petitioner submits that she is residing at Coimbatore and that she is dependent on her parents, without independent income; the distance between her residence and Chengalpattu is stated to be around 400 kms and, therefore, it is difficult for her to travel and attend the proceedings at Chengalpattu on every hearing date.
4. Learned counsel for the respondent would oppose the transfer, submitting that the respondent's parents are aged and, therefore, he would find it difficult to attend proceedings at Coimbatore.
5. This Court has considered the rival submissions. In transfer petitions of this nature, the settled approach is to consider the convenience of parties, the distance factor, and the likelihood of undue hardship. In the present case, the petitioner/wife is residing at Coimbatore and the travel to Chengalpattu involves long distance travel. The respondent's objection based on his aged parents, though noted, does not outweigh the hardship pleaded by the petitioner, especially when the proceedings are matrimonial and repeated personal attendance may be required. On an overall assessment, the balance of convenience is in favour of the petitioner/wife.
6. In the result, Tr.C.M.P. No.893 of 2025 is allowed. I.D.O.P. No.137 of 2025 pending on the file of the Principal District Court, Chengalpattu is withdrawn and transferred to the file of the Principal District Court, Coimbatore, for disposal in accordance with law. The Principal District Court, Chengalpattu shall transmit the entire records in I.D.O.P. No.137 of 2025 to the Principal District Court, Coimbatore within three weeks from the date of receipt
of a copy of this order. The Principal District Court, Coimbatore 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 20.08.2025 shall stand vacated and consequently, C.M.P. No.20496 of 2025 is closed. No costs.
24-02-2026 Index: Yes/No Speaking/Non-speaking order MFA
To
1. Principal District Court, Chengalpattu
2. Principal District Court, Coimbatore District.
DR.A.D.MARIA CLETE J MFA AND CMP NO. 20496 OF 2025,CMP NO. 5028 OF 2026 24-02-2026