Hermina Jenifer v. J.Bowas Freddy Nolan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09-04-2026
CORAM
THE HON'BLE MRS.JUSTICE R. KALAIMATHI and CMP Nos.24005 and 24006 of 2025 Hermina Jenifer, D/o Late Sridhar No.29, Pillaiyar Koil Street, Perungudi, Chennai Presently Residing at Door No.C89/4B, Seranma Nagar, Vilankurichi, Coimbatore ..Petitioner(s) Vs.
J.Bowas Freddy Nolan S/o John Bosco Christian, Residing at 2/344, Madha Koil Street, Kelambakkam, Chennai 603 103 ..Respondent(s) Prayer: Transfer Civil Miscellaneous Petition is filed under Section 24 of Code of Civil Procedure, 1908, to withdraw the IDOP.No.428 of 2024 on the file of the Honble Family Court Judge, Chengalpattu and transfer the same to the Honble Family Court Coimbatore.
For Petitioner(s) :
Mr.T.Perinbanathan For Respondent(s):
Mr.P.Chandrasekar
ORDER
Heard the learned counsel for the petitioner and the learned counsel for
the respondent.
2. The petitioner (wife) in IDOP.No.428 of 2024 on the file of the Family Court, Chengalpattu has filed this Transfer Civil Miscellaneous Petition.
3. She would aver that she has secured employment as an Assistant Professor at PSG Engineering College, Coimbatore and she finds it difficult to travel from Coimbatore to Chengalpattu, which is approximately 550 kms one way, totalling nearly 1100 kms for a round trip.
4. The learned counsel for the petitioner would reiterate the grounds set out in the petition and seeks to transfer the O.P., to the Family Court, Coimbatore.
5. The learned counsel for the respondent would vehemently contend that the respondent would be put to inconvenience if the matter is transferred from the Family Court, Chengalpattu, as he is residing at Kelambakkam.
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 traveling 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. The petitioner / wife has been working at Coimbatore in a private Engineering College and the respondent is a resident of Kelambakkam.
8. 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 allowed. Sequel to this, I.D.O.P.No.428 of 2024 pending on the file of the Family Court, Chengalpattu is withdrawn and transferred to the file of the Principal Family Court, Coimbatore, where M.C.No.211 of 2025 is pending. The learned Judge,
Principal Family Court, Coimbatore on receipt of the records shall take all effective steps to try and dispose of the matter in accordance with law at the earliest. No Costs. Consequently, connected Civil Miscellaneous Petitions are closed.
09-04-2026 Index: Yes/No Speaking/Non-speaking order MAC To
1. The Family Court, Chengalpattu
2. The Principal Family Court, Coimbatore
R.KALAIMATHI, J.
MAC and CMP Nos.24005 and 24006 of 2025 09-04-2026