Dr.Pavithra v. P.Nirmal

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27-10-2025

CORAM

THE HON'BLE MR.JUSTICE S. SOUNTHAR and C.M.P.No.22246 of 2025 Dr.Pavithra D/o. Lakshmanan, W/o. Nirmal, No. 85, Pandiyan Street, Santhi Nagar, Lawspet, Pondicherry.

..Petitioner Vs P.Nirmal S/o. Paneerselvam, No. 2 / 294, Venkateshwara Nagar, Vaippur Road, Via Mdakudi, Kuthur Post, Lalgudi Taluk, Thiruchirapalli Dist. ..Respondent Prayer : Transfer Civil Miscellaneous Petition is filed under Section 24 of the Civil Procedure Code, praying to withdraw HMOP No. 99 of 2025 on the file of the Principal Subordinate Court, Tiruchirappalli and transfer the same to the file of the Family Court, Puducherry.

For Petitioner:

Ms.E.Thiyaga for Mr.B.Balavijayan For Respondent:

No appearance

ORDER

The Transfer Civil Miscellaneous Petition is filed by the petitioner/wife seeking transfer of petition for divorce filed by the respondent/husband in H.M.O.P.No.99 of 2025 from the file of the Principal Subordinate Court, Tiruchirappalli, to the file of the Family Court, Puducherry.

2. Though notice was served on the respondent and his name is printed in the cause list, there is no representation for him.

3. Heard the learned counsel for the petitioner.

4. According to the petitioner/wife, she is residing in Puducherry along with her parents and she is having chronic neurological condition called Pott's spine with epidural abscess with spastic paraplegia. She stated that due to the above said condition, she could not sit or walk for a long time. Hence, she finds it very difficult to attend the Court hearing at Tiruchirappalli.

5. It is settled law that in cases involving matrimonial dispute, the preference shall be given to the convenience of the petitioner/wife.

6. In the case on hand, the petitioner has got chronic neurological condition and therefore, she is not in a position to undertake such a long travel from Puducherry to Tiruchirappalli. The disability certificate produced in the typed set of papers established that she is having 70% disability. In view of the medical condition of the petitioner established by the disability certificate produced by her, this Court is inclined to allow the above transfer petition as prayed for.

7. Accordingly, the Transfer Civil Miscellaneous Petition is allowed and H.M.O.P.No.99 of 2025 pending on the file of the Principal Subordinate Court, Tiruchirappalli is withdrawn and transferred to the file of the Family Court, Puducherry. No costs. Consequently, the connected civil miscellaneous petition is closed.

27-10-2025 Index : Yes/No Internet : Yes/No Kj

S.SOUNTHAR, J.

kj To

1. The Principal Subordinate Court, Tiruchirappalli.

2. The Family Court, Puducherry.

and C.M.P.No.22246 of 2025 27-10-2025