H.R. Vivek v. R. Poorni

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23-02-2026

CORAM

THE HON'BLE DR.JUSTICE A.D.MARIA CLETE and CMP No.23374 of 2025 H.R. Vivek S/o. H. Raman, Associate Professor, CMS Institute of Management Studies, CMS College Building, Chinnavedampatti, Coimbatore 641 049.

..Petitioner(s) Vs R. Poorni W/o. H.R. Vivek, D/o. Late. Sunder, 2E, May Flower Estate, Uzhaipalar Street, G.N. Mill Post, Coimbatore.

..Respondent(s) PRAYER IN TRCMP:

To withdraw the HMOP No.18 of 2025 from the file of the Family Court at Ootacamund and transfer the same to the Family Court at Coimbatore. PRAYER IN CMP:

To stay all further proceedings in HMOP No.18 of 2025 on the file of the Family Court at Ootacamund, pending disposal of the above Tr.C.M.P. For Petitioner(s):

Mr.M.Marudhachalam For Respondent(s):

M/s.B.Ravi

ORDER

Heard.

2. This Transfer Civil Miscellaneous Petition is filed by husband seeking to withdraw H.M.O.P. No.18 of 2025 on the file of the Family Court, The Nilgiris at Ootacamund, and to transfer the same to the file of the Family Court, Coimbatore.

3. The marriage between the petitioner and the respondent was solemnized on 02.02.2006 at a temple in Nundhala Village, Ooty Taluk, as per Hindu rites and customs. The respondent-wife filed H.M.O.P. No.18 of 2025 seeking divorce before the Family Court, The Nilgiris at Ootacamund.

4. Learned counsel for the petitioner submitted that both parties are working at Coimbatore; earlier the wife was residing at Ooty and now she has been transferred to Coimbatore due to employment; and therefore, the petitioner seeks transfer to Coimbatore for convenience of both sides.

5. Per contra, the learned counsel for the respondent submit that the wife is taking care of her mother and her minor son and they are intending to shift/relocate their residence to Ooty, and therefore the proceeding pending at Ootacamund ought not to be disturbed.

6. This Court has considered the rival submissions. It is true that convenience is a relevant consideration in matrimonial transfer petitions. The Court must be satisfied that the ends of justice require such transfer and that the hardship pleaded is real and substantial.

7. In the case on hand, the divorce petition is pending before the Family Court at Ootacamund and the respondent/wife has shown sufficient grounds for the proceedings to continue at Ootacamund. In such circumstances, and considering that the proceeding is already pending at Ootacamund, this Court is not inclined to disturb the forum merely on the premise of present place of work at Coimbatore.

8. Hence, this Transfer Civil Miscellaneous Petition is liable to be dismissed. Accordingly, Tr.C.M.P. No.1040 of 2025 is dismissed. Consequently, C.M.P. No.23374 of 2025 is closed. There shall be no order as to costs.

23-02-2026 Index: Yes/No Speaking/Non-speaking order MFA

To

1. Family Court at Ootacamund.

2. Family Court, Coimbatore.

DR.A.D.MARIA CLETE, J MFA and CMP No.23374 of 2025 23-02-2026