R.Vasantha Kumari v. S.Manikandan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-02-2026

CORAM

THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE TR CMP No. 994 of 2025 AND CMP NO. 22320 OF 2025 R.Vasanatha Kumari

...Petitioner

Vs.

S.Manikandan

...Respondent

PRAYER: To withdraw the petition in H.M.O.P.No.49 of 2024 pending on the file of the Family court, Trichirapalli and transfer it to the file of the Sub Court, Chennai and thus render justice.

PRAYER in C.M.P. To stay all further proceedings in H.M.O.P.No.49 of 2024 pending on the file of the Family court, Trichirapalli pending disposal of the above petition. For Petitioner: Mr.R.Sendhil Kumar.

For Respondent: Mr.P.Kannan Kumar.

ORDER

Heard.

2. This Transfer Civil Miscellaneous Petition has been filed by the petitioner/wife under Section 24 of the Code of Civil Procedure seeking withdrawal of H.M.O.P. No.49 of 2025 pending on the file of the Family Court, Trichirapalli, and transfer of the same to the file of the Sub Court, Ambattur Chennai.

3. The learned counsel for the respondent would submit that the respondent/husband is stated to be suffering from a terminal illness. However, the learned counsel for the petitioner would contend that the respondent has since recovered. In view of the rival submissions, the learned counsel for the petitioner was directed to ascertain and report the present medical condition of the respondent/husband. The learned counsel, on instructions, submitted that the respondent is presently under medication. It is also brought to the notice of this Court that an earlier transfer petition had been allowed and the proceedings were transferred from Pudukkottai to Tiruchirapalli, and the present petition seeks a further transfer to Chennai.

4. Having considered the above circumstances, and the fact that the petitioner/wife is residing at Chennai with the minor child, the balance of convenience would lie in favour of the petitioner. At the same time, the respondent/husband is at liberty to move the Trial Court for appropriate orders, including for participation through video-conferencing, depending upon his health condition and it is for the trial court to decide such requests on merits. Considering the attendant circumstances, this Court is inclined to allow the transfer petition.

5. Accordingly, Tr.C.M.P. No.994 of 2025 is allowed and H.M.O.P. No.49 of 2025 pending on the file of the Family Court, Tiruchirappalli is withdrawn and transferred to the file of the Sub Court, Ambattur, Chennai. The Family Court, Tiruchirappalli is directed to transmit the entire records forthwith to the Sub Court, Ambattur, Chennai. The Sub Court, Ambattur, Chennai shall take up the matter and proceed in accordance with law, after due notice to both parties. In view of the above, C.M.P. No.22320 of 2025 is closed. No costs.

16-02-2026 dpq/ay Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The Family Court, Tiruchirappalli.

2.The Family Court, Chennai.

DR.JUSTICE A.D. MARIA CLETE, J ay TR CMP No. 994 of 2025 AND CMP NO. 22320 OF 2025 16.02.2026