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Madras High CourtTR CMP/986/2025allowed

M. Brindha v. M. Manivannan

2025-11-20Honourable Mr.Justice S. Sounthar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.11.2025

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR and C.M.P.No.22252 of 2025 M.Brindha ... Petitioner vs.

M.Manivannan ... Respondent PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, to withdraw the case in O.P.No.196 of 2025 on the file of the Family Court of Sub Judge at Kancheepuram and transfer the same to the Family Court at Chennai to be tried on merits. For Petitioner : M/s.S.Vasanthi For Respondent : Mr.B.Kalaiarasan

O R D E R

The Transfer Civil Miscellaneous Petition is filed by the petitioner/wife seeking transfer of petition for divorce filed by the respondent/husband in O.P.No.196 of 2025 from the file of Family Court of Sub Judge, Kancheepuram to the file of Family Court, Chennai. 1/4

2. According to the petitioner, she is residing at Chennai along with her parents and she has no companion to accompany her to undertake travel to Kancheepuram. It is also stated that the petitioner filed a domestic violence complaint in D.V.C.No.99 of 2025 on the file of Metropolitan Magistrate, Additional Mahila Court, Egmore and the same is pending.

3. The respondent filed counter affidavit and opposed the transfer application. According to the respondent, the petitioner is working in M/s.Nano Auto Agencies, Mount Road, Chennai and she continue to work from home in the very same undertaking. It is further stated by the respondent that on 05.05.2025, there was altercation between the petitioner and respondent, which resulted in injury to the respondent and in this regard, an FIR was filed in Crime No.163 of 2025 on the file of Sivakanchi Police Station, Kancheepuram.

4. It is seen from the pleadings of the parties, the petitioner is residing at Chennai and she also filed domestic violence complaint before the Metropolitan Magistrate, Additional Mahila Court, Egmore. Therefore, it is clear that for the purpose of attending the domestic violence case, the 2/4

respondent has to come to Chennai and therefore, taking into consideration the petitioner/wife is residing at Chennai and she has no companion to accompany her to undertake travel to Kancheepuram, this Court is inclined to order the transfer application.

5. Accordingly, the Transfer Civil Miscellaneous Petition is allowed. The original petition in O.P.No.196 of 2025 pending on the file of Family Court of Sub Judge, Kancheepuram is withdrawn and transferred to the file of Family Court, Chennai. No costs. Consequently, the connected civil miscellaneous petition is closed.

20.11.2025 Index : Yes / No Speaking order : Yes / No : Yes / No dm To 1.The Family Court of Sub Judge, Kancheepuram.

2.The Family Court, Chennai.

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S.SOUNTHAR, J.

dm 20.11.2025 4/4