V.Suganya v. M.Jagadeesan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27-10-2025

CORAM

THE HON'BLE MR.JUSTICE S. SOUNTHAR TR. CMP. No. 1177 of 2024 and C.M.P.No.25818 of 2024 V.Suganya D/o.Velu Gounder, No.23/38, Mariamman Koil Street, Kosapettai, Vellore.

..Petitioner Vs M.Jagadeesan S/o.Munusamy, No.21/13, Poonamallee Road, Ekkattuthangal, Guindy Industrial Estate, Guindy, Chennai-600032.

..Respondent Prayer : Transfer Civil Miscellaneous Petition is filed under Section 24 of the Civil Procedure Code, praying to withdraw H.M.O.P. No.1809 of 2024 on the file of the VII Additional Family Court, Chennai and transfer the same to the file of the Family Court, Vellore.

For Petitioner:

Mr. M.R.Thangavel For Respondent:

Mr. T.R.Ravi

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.1809 of 2024 from the file of the VII Additional Family Court, Chennai, to the file of the Family Court, Vellore.

2. According to the petitioner/wife, she is having eight years old school going child and at present, she is living with her parents at Vellore. The distance between her residence in Vellore and the Family Court in Chennai is 280 kilometers up and down. The petitioner further stated that she finds it very difficult to attend each and every hearing at the Family Court, Chennai, which also causes financial strain to her. Therefore, she seeks transfer of the divorce petition to any Court competent to entertain the same in Vellore.

3. Learned counsel for the respondent/husband vehemently opposed the transfer petition on the ground that the petitioner is hale and healthy and she can travel to attend the hearing in Chennai at least once in a month.

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

5. In the case on hand, the petitioner is residing at Kosapettai in Vellore and she is having eight years old school going child. She also averred that the

distance between Vellore and Chennai is 280 kilometers up and down and as a lady, she finds it very difficult to undertake such a long travel to Chennai to attend each and every Court hearings.

6. By taking into consideration the convenience of the petitioner/wife, 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.1809 of 2024 pending on the file of the VII Additional Family Court, Chennai is withdrawn and transferred to the file of the Family Court, Vellore. 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. VII Additional Family Court, Chennai.

2. The Family Court, Vellore.

TR. CMP. No. 1177 of 2024 and C.M.P.No.25818 of 2024 27-10-2025