R. Pooja v. Vignesh

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.01.2026

CORAM

THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and C.M.P.No.21289 of 2025 R.Pooja ... Petitioner

Versus

Vignesh ... Respondent Prayer in Tr.C.M.P.No.938 of 2025: Petition filed under Section 24 of C.P.C., to withdraw and transfer the F.C.O.P.No.26 of 2025 from the file of the Family Court, Vellore, to the file of the learned I Additional Family Court, Chennai, to be tried along with M.C.No.343 of 2025. Prayer in C.M.P.No. 21289 of 2025: Petition filed under Section 151 of C.P.C., to stay the all further proceedings in F.C.O.P.No.26 of 2025 on the file of the Family Court, Vellore, pending disposal of the Transfer Civil Miscellaneous Petition.

For Petitioner :

Ms.Sharada Vivek For Respondent :

No appearance 1/4

ORDER

Heard.

2. The petitioner / wife seeks transfer of F.C.O.P.No.26 of 2025 from the file of the Family Court, Vellore to the I Additional Family Court, Chennai, to be tried along with M.C.No.343 of 2025 pending at Chennai.

3. The petitioner states that the marriage between the parties was solemnised on 10.11.2023 and a male child was born on 10.08.2024. She further states that she is presently residing at Chennai with the infant child and aged parents and it is extremely difficult for her to travel to Vellore for every hearing, in view of distance, financial constraints and the need to attend to the infant child.

4. It is also seen that the maintenance proceedings in M.C.No.343 of 2025 are pending at learned I Additional Principal Judge, Family Court, Chennai and the petitioner asserts residence within the territorial jurisdiction of the Family Court at Chennai.

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5. In transfer petitions arising out of matrimonial proceedings, the paramount consideration is the ends of justice and comparative convenience, particularly of the spouse having custody of the minor child. When the petitioner is residing at Chennai with an infant child and connected proceedings are already pending at Chennai, adjudication by a single Court would avoid multiplicity and hardship. In the facts and circumstances, this Court is satisfied that the petitioner has made out a case for transfer.

6. Accordingly, Tr.C.M.P.No.938 of 2025 is allowed. F.C.O.P.No.26 of 2025 on the file of the Family Court, Vellore, is withdrawn and transferred to the file of the I Additional Family Court, Chennai. The Family Court, Vellore, shall transmit the entire records to the I Additional Family Court, Chennai, within three (3) weeks from the date of receipt of this order and the I Additional Family Court, Chennai 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 29.08.2025 shall stand vacated and C.M.P.No.21289 of 2025 is closed. There shall be no order as to costs.

08.01.2026 cda Index: Yes / No 3/4

DR. A.D. MARIA CLETE, J cda To 1.The Family Court, Vellore.

2.The I Additional Family Court, Chennai.

and C.M.P.No.21289 of 2025 08.01.2026 4/4