R. Keerthana v. S. Karthikeyan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.02.2026

CORAM

THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE Tr.CMP.Nos.971 of 2025 & 139 of 2026 and CMP.Nos.21852 of 2025 and 4406 of 2026 Tr.CMP.No.971 of 2025 R.Keerthana ... Petitioner Vs.

1. S.Karthikeyan

2. S.Govindhammal

3. Bhuvaneshwari ... Respondents Prayer in Tr.C.M.P.No.

of 202 5 : This Transfer Civil Miscellaneous Petition filed under Section 24 of Civil Procedure Code to withdraw and transfer of the Domestic Violence Case No.80 of 2025 on the file of the Judicial Magistrate Court, Trichy to the Judicial Magistrate No.I at Poonamallee. Prayer in C.M.P. No.

21852 of 202 5 : This Civil Miscellaneous Petition filed under Section 151 of Civil Procedure Code to stay of all further proceedings in DVC.No.80 of 2025 pending before the Judicial Magistrate Court, Trichy pending disposal of the Tr.CMP.

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For Petitioner : Mr.Subhalaxmi Samanta For Respondent : Mr.B.Kumarasamy for R1 & R2 Tr.CMP.No.139 of 2026 R.Keerthana ... Petitioner Vs.

S.Karthikeyan ... Respondent Prayer in Tr.C.M.P.No.

of 202 6 : This Transfer Civil Miscellaneous Petition filed under Section 24 of Civil Procedure Code to withdraw and transfer the HMOP.No.774 of 2025 on the file of the Family Court, Trichy to the Sub Court at Poonamallee.

Prayer in C.M.P. No.

of 202 6 : This Civil Miscellaneous Petition filed under Section 151 of Civil Procedure Code to stay of all further proceedings in HMOP.No.774 of 2025 on the file of the Family Court, Trichy pending disposal of the Tr.CMP.

For Petitioner : Mr.Subhalaxmi Samanta For Respondent : Mr.B.Kumarasamy for R1 & R2 COMMON ORDER Heard.

2.

TR.C.M.P. No.139 of 2026 is filed under Section 24 of the Code of 2/6

Civil Procedure to withdraw H.M.O.P. No.774 of 2025 from the file of the Family Court, Tiruchirappalli and to transfer the same to the competent Court at Poonamallee.

3.

TR.C.M.P. No.971 of 2025 is filed seeking transfer of D.V.C. No.80 of 2025 pending on the file of the Court of the learned Judicial Magistrate/Additional Mahila Court, Tiruchirappalli to the file of the learned Judicial Magistrate-I, Poonamallee, on the ground of hardship and safety concerns.

4.

The petitioner/wife submits that she is presently residing at/near Poonamallee; that the distance to Tiruchirappalli is substantial; that she has difficulty in undertaking repeated travel for hearings; and that she lacks independent support. It is also pointed out that the Domestic Violence proceedings are already pending, and therefore the matters being heard at the place where she is residing would avoid undue hardship and facilitate effective participation.

5.

In transfer matters arising out of matrimonial disputes, the Court primarily considers comparative hardship and convenience, and ordinarily the 3/6

convenience of the wife is given due weight, particularly when she demonstrates practical difficulty in attending Court at a distant place. The Court must also ensure that the transfer would advance the ends of justice, reduce avoidable hardship, and enable a fair and effective adjudication. 6.

Having considered the materials and submissions, this Court is satisfied that the petitioner has made out sufficient grounds. The balance of convenience warrants transfer. Since the Domestic Violence proceedings are also sought to be heard at Poonamallee, it is appropriate that both proceedings are heard at the transferee station to avoid avoidable hardship and multiplicity of travel. 7.

Accordingly, TR.C.M.P. No.139 of 2026 is allowed. H.M.O.P. No.774 of 2025 is withdrawn from the file of the Family Court, Tiruchirappalli and transferred to the file of the Sub Court, Poonamallee (competent Court), for disposal in accordance with law.

8.

TR.C.M.P. No.971 of 2025 is also allowed. D.V.C. No.80 of 2025 is withdrawn from the file of the learned Judicial Magistrate/Additional Mahila Court, Tiruchirappalli and transferred to the file of the learned Judicial Magistrate-I, Poonamallee, for disposal in accordance with law. 4/6

9.

The respective Courts at Tiruchirappalli shall transmit the entire records to the transferee Courts forthwith. The transferee Courts shall issue appropriate notice and proceed further in accordance with law. 10.

Connected miscellaneous petition(s), if any, stand closed. No costs. 26.02.2026 Index : Yes/No Speaking order : Yes/No dpq To

1. The Family Court Trichy.

2. The Sub Court at Poonamallee.

3. The Judicial Magistrate Court, Trichy.

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DR.A.D.MARIA CLETE. J, dpq Tr.CMP.Nos.971 of 2025 & 139 of 2026 and CMP.Nos.21852 of 2025 and 4406 of 2026 26.02.2026 6/6