S.Akshaya v. S.Vignesh

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.11.2025

CORAM:

THE HONOURABLE Mr. JUSTICE S.SOUNTHAR and C.M.P.No.25737 of 2025 S.Akshaya ... Petitioner Vs.

S.Vignesh ... Respondent Prayer: Transfer Civil Miscellaneous Petition is filed under Section 24 of Code of Civil Procedure, for withdrawing and transferring the abovementioned H.M.O.P.No.673 of 2025, currently pending before the Principal Family Judge at Salem, to the file of the Family Court at Chennai. For Petitioner : M/s.A.Athishayaa For Respondent : Mr.T.Dhasarathan

ORDER

The Transfer Civil Miscellaneous Petition has been filed by the petitioner/wife seeking transfer of petition for divorce filed by the respondent/husband in H.M.O.P.No.673 of 2025 on the file of the Principal Family Judge, Salem to the file of Family Court, Chennai. 1/4

2. Heard the arguments of the learned counsel for the petitioner and the learned counsel for the respondent.

3. According to the petitioner, she is residing at Velachery, Chennai and she is having one year old baby. Therefore, she finds it very difficult to undertake such a long travel to Salem for the purpose of attending court hearings. Therefore, she filed this transfer petition with the aforesaid prayer.

4. The learned counsel appearing for the respondent/husband would submit that the petitioner/wife has filed this transfer petition with sole object of harassing the respondent/husband. Therefore, the same shall be dismissed.

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/wife is residing at Velachery, Chennai and she is having one year old baby. In such circumstances, it may not be possible for her to undertake such a long travel to Salem to attend 2/4

each and every court hearings. Hence, by taking into consideration the convenience of the petitioner/wife, this Court is inclined to order the above transfer petition as prayed for.

7. Accordingly, the Transfer Civil Miscellaneous Petition is ordered and H.M.O.P.No.673 of 2025 pending on the file of the Principal Family Judge, Salem is withdrawn and transferred to the file of the Family Court, Chennai. No costs. Consequently, the connected civil miscellaneous petition is closed.

11.11.2025 Index : Yes / No Speaking order : Yes / No : Yes / No dm To 1.The Principal Family Judge, Salem.

2.The Family Court, Chennai.

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S.SOUNTHAR , J.

dm 11.11.2025 4/4