T.Rubavathy v. M.Arul Prakasam
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25-02-2026
CORAM
THE HON'BLE DR.JUSTICE A.D.MARIA CLETE and CMP No.26112 of 2024 T.Rubavathy
...Petitioner
Vs.
M.Arul Prakasam
...Respondent
Prayer in Tr.CMP: This Transfer Civil Miscellaneous Petition filed under Section 24 of Civil Procedure Code, to withdraw the H.M.O.P.No.2438 of 2024 now pending on the file of the learned IV Additional Family Court, Chennai and transfer the same to the Court of the learned Subordinate Court, Arakkonam. Prayer in CMP.No.26112 of 2024: To stay all further proceedings in HMOP.No.2438 of 2024 now pending on the file of the learned IV Additional Family Court, Chennai, pending disposal of the above Tr.CMP. For Petitioner : Mr.G.Jeremiah For Respondent : K.Prabhakar
ORDER
1. Heard.
2. This Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure seeking withdrawal of H.M.O.P.No.2438 of 2024 pending on the file of the learned IV Additional Family Court, Chennai, and transfer of the same to the file of the Subordinate Court, Arakkonam.
3. The marriage between the petitioner and the respondent was solemnized on 07.06.2023 at MSB Mahal, Sholinghur, Ranipet District, as per Hindu rites and customs. The respondent/husband filed divorce petition in H.M.O.P.No.2438 of 2024 before the IV Additional Family Court, Chennai.
4. The petitioner is the wife and she is residing at Sholinghur. It is further submitted that, having regard to the distance factor, it would cause hardship to the petitioner to travel and attend the proceedings at Chennai.
5. Considering (i) the residence and convenience of the petitioner/wife, (ii) the fact that the petitioner is taking care of old aged parents and (iii) that the proceedings between the parties would be conveniently tried at the same place, this Court is satisfied that the transfer sought deserves to be ordered.
6. Accordingly, Tr.C.M.P.No.1198 of 2024 is allowed. HMOP No.2438 of 2024 on the file of the IV Additional Family Court, Chennai, is withdrawn and transferred to Subordinate Court, Arakkonam. The learned IV Additional Family Judge, Chennai, is directed to transmit the records in H.M.O.P.No.2438 of 2024 to the learned Subordinate Judge, Arakkonam, within three weeks from the date of receipt of a copy of this order and the transferee Court shall dispose of the matter in accordance with law, as expeditiously as possible, uninfluenced by any observations made in this order. Interim order granted by this Court on 19.11.2024 shall stand vacated and CMP.No.26112 of 2024 is closed. There shall be no order as to costs.
25.02.2026 Index : Yes/No Speaking order : Yes/No dna To 1.The IV Additional Family Court, Chennai.
2.The Subordinate Court, Arakkonam.
DR.A.D.MARIA CLETE, J dna and CMP No.26112 of 2024 25.02.2026