A. Esther Jeba Kirubai v. S. Emmanuel Alias S. Emmanuel Theophililus

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05-02-2026

CORAM

THE HON'BLE DR.JUSTICE A.D.MARIA CLETE and CMP NO. 22269 and 22270 of 2025 A. Esther Jeba Kirubai ..Petitioner Vs S. Emmanuel alias S. Emmanuel Theophililus ..Respondent Prayer in TR CMP No. 991 of 2025: Petition filed under section 24 of CPC to pass an order to withdraw and transfer the above said I.D.O.P.No.38 of 2025 pending on the file of the Honble Principal District and Sessions Court, Thiruvallur, to the file of Honble Family Court, Chennai. Prayer in CMP No. 22269 of 2025: Petition to pass an order of interim stay to stay all further proceedings in I.D.O.P.No.38 of 2025 pending on the file of the Honble Principal District and Sessions Court, Thiruvallur, pending disposal of the above Tr.CMP.

Prayer in CMP No. 22270 of 2025:Petition to pass an order of Dispense with from personal appearance in I.D.O.P.No.38 of 2025 on the file of the Honble Principal District and Sessions Court at Thiruvallur.

For Petitioner:

Mr.I.Calvin Jones For Respondent:

No appearance Order Heard.

2. This Transfer Civil Miscellaneous Petition is filed by the petitioner/wife under Section 24 of CPC seeking to withdraw I.D.O.P.No.38 of 2025 pending on the file of the Principal District and Sessions Court, Thiruvallur and transfer the same to the file of Family Court, Chennai.

3. The petitioner is the wife. The respondent is the husband. The marriage between the parties was solemnized on 24.03.2021 at Christ is Victor Church, N0.8A/I5, St.Mary's Salai, Perambur,Chennai-600 011 as per Christian rites and customs. It is stated that there are no children out of their wedlock.

4. The respondent-husband filed l.D.O.P No. 38 of 2025 before the Principal District and Sessions Court, Thiruvallur seeking dissolution of marriage. The case is in the stage of filing counter by the respondent-wife therein.

5. The case of the petitioner wife is that she is living at Perambur, Chennai along with her aged parents. It is extremely difficult for her to travel from Chennai to Thiruvallur for every hearing, particularly, she has to take care of her aged parents who are suffering from various health ailments. Further, the petitioner wife is stated that no prejudice would be caused to the respondent/husband if the transfer petition is allowed.

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

the respondent.

7. In matrimonial matters, the convenience of the wife and the comparative hardship in attending the proceedings are relevant considerations. When the wife pleads genuine difficulty on account of residence and medical condition of her aged parents, the request ordinarily deserves acceptance.

8. Accordingly Tr.C.M.P.No.991 of 2025 is allowed. I.D.O.P.No.38 of 2025 on the file of the Principal District and Sessions Court, Thiruvallur is withdrawn and transferred to the file of the Family Court, Chennai. The Principal District and Sessions Court, Thiruvallur shall transmit the entire records to the Family Court, Chennai within three weeks from the date of receipt of a copy of this order and the Family Court, Chennai shall dispose of the matter in accordance with law, as expeditiously as possible, uninfluenced by any observations made in this order. Consequently, connected CMP Nos. 22269 and 22270 of 2025 are closed.

05-02-2026 Index: Yes/No Speaking/Non-speaking order SHL To:

1. The Principal District and Sessions Court, Thiruvallur

2. The Family Court, Chennai

DR.A.D.MARIA CLETE J.

SHL and CMP No. 22269 and 22270 of 2025 05-02-2026