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Madras High CourtTR CMP/978/2025allowed

Sivasandhiya C v. Thilipan Y

2025-11-07Honourable Mr.Justice S. Sounthar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.11.2025

CORAM

THE HONOURABLE MR.JUSTICE S. SOUNTHAR and CMP.No.22058 of 2025 Sivasandhiya.C ...

Petitioner Vs.

Thilipan Y.

...

Respondent PRAYER: The Transfer civil miscellaneous petition filed under Section 24 of the Code of Civil Procedure, 1908, to order withdrawal of the suit in HMOP No.27 of 2025 from the file of the Hon'ble Sub Court at Thirumangalam and transfer the same to the Family Court at Chengalpattu with a direction to try the same.

For Petitioner ...

Ms.Priyanga.C.

For Respondent ...

Mr.N.Sanjeevkumar

ORDER

The transfer civil miscellaneous petition is filed seeking transfer of 1/5

the petition for divorce in HMOP No.27 of 2025 filed by the respondent/husband, which is pending on the file of Sub Court, Thirumangalam.

2.According to the petitioner, she is residing at Urapakkam, within the territorial jurisdiction of the Sub Court, Chengalpattu and she finds it very difficult to attend each and every hearing of the case before the SubCourt, Thirumangalam. The distance between Urapakkam and Thirumangalam is about 450 kilometers. It is also stated that the petitioner has no physical safety to attend hearing before the Sub Court, Thirumangalam.

3.The learned counsel for the respondent would submit that the petitioner has not substantiated the allegations of violence and therefore, the transfer sought by the petitioner cannot be granted. 2/5

4.It is trite law that in matrimonial matters, the convenience of the wife has to be given due consideration. The case on hand, the petitioner is residing at Urapakkam within the territorial jurisdiction of the Family Court, Chengalpattu and the distance between her residence to the Sub Court, Thirumangalam is more than 450 kilometres. Taking into consideration the convenience of the petitioner/wife, HMOP. No.27 of 2025 pending on the file of the Sub Court, Thirumangalam, is transferred to the Family Court, Chengalpattu.

5.Accordingly, the transfer civil miscellaneous petition is allowed. No costs. Consequently, connected miscellaneous petition is closed. Index : Yes/No 07.11.2025 Internet : Yes/No sms 3/5

To 1.The Sub Court, Thirumangalam.

2. The Family Court, Chengalpattu S. SOUNTHAR,J., sms 4/5

and CMP.No.22058 of 2025 07.11.2025 5/5