P.S.Pradeepa (Alias) Pooja v. K.M.S.Pavithran
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24-04-2026
CORAM
THE HON'BLE MRS.JUSTICE R. KALAIMATHI TR CMP No.1088 of 2025 and CMP No.24602 of 2025 P.S.Pradeepa (Alias) Pooja D/o P.Suderasan ..Petitioner(s) Vs.
K.M.S.Pavithran S/o Magendiran ..Respondent(s) PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C. seeking to withdraw and transfer the HMOP.No. 93 of 2025 pending on the file of Family Court, Krishnagiri to the file of Sub Court, Tirupattur, Tirupattur District.
For Petitioner(s):
Mr.P.A.Sudesh Kumar For Respondent(s):
Mr.P.M.Jayachandran
ORDER
Heard learned counsel for the petitioner (wife) and learned counsel for the respondent (husband).
2.The respondent (wife) in H.M.O.P.No.93 of 2025, on the file of Family Court, Krishnagiri, is the petitioner herein. 3.The petitioner (wife) avers the following details as grounds for transfer:
(i) She is a software engineer by profession and at present
working from Home with special permission only to nurture her baby; (ii) She has to travel from her Village to Tirupattur and then to travel to the Court of Krishnagiri; and (iii) She finds it difficult to travel to Krishnagiri without any assistance.
4.Learned counsel for the petitioner would reiterate the grounds set out in the aforesaid Transfer CMP and seeks to transfer the aforesaid HMOP to the file of Sub Court, Tirupattur from the file of Family Court, Krishnagiri.
5.Learned counsel for the respondent would strenuously argue that the distance between the two places is too short and if the matter is transferred to Tirupattur, the respondent would be put to hardship and inconvenience.
6. The principles regarding transfer petitions, more specifically in the matters of matrimonial cases are well settled by the Hon'ble Supreme Court in the following cases:- "i. In AIR 2000 SC 3512 (1) (Mona Aresh Goel vs. Aresh Satya Goel), when the wife pleaded that she was unable to bear the travelling expenses and even to travel alone and stay at Bombay, the Supreme Court ordered transfer of proceedings.
ii. In 2000 (10) SCC 304 (Geeta Heera Vs.
Harish Chander Heera), the Hon'ble Supreme Court has held that where the petitioner's wife has pleaded lack of money, the same has to be considered.
iii. In Lalita A. Ranga Vs. Ajay Champalal Ranja reported in (2009) 9 SCC 355 , wherein the wife, who was having small child and she was finding it difficult to travel from Jaipur to Bombay, and the Hon'ble Apex Court accepting her request ordered the transfer petition in favour of the wife transferring the transfer petition from Family Court at Bandra in Mumbai to the Family Court at Jaipur."
7. In consideration of the above said details, the request of the petitioner herein / wife appears to be based on justifiable cause and accordingly, this Transfer Civil Miscellaneous Petition is ordered . Sequel to this, H.M.O.P.No.93 of 2025 pending on the file of the Family Court, Krishnagiri is withdrawn and transferred to the file of the Sub Court at Tirupattur. The learned Subordinate Judge at Sub Court, Tirupattur, on receipt of the records to try and dispose of the matter in accordance with law at the earliest. No Costs. Consequently, connected Civil Miscellaneous Petition is closed. 24-04-2026 Index: Yes/No Speaking/Non-speaking order kas
R.KALAIMATHI, J.
kas TR CMP No.1088 of 2025 and CMP No.24602 of 2025 24-04-2026