A.Kayathri v. R.Arunachalam

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.02.2026

CORAM

THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and CMP.No.2207 of 2024 A. Kayathri ... Petitioner Vs.

R. Arunachalam ... Respondent Prayer in Tr.C.M.P.No.

of 202 4 : This Transfer Civil Miscellaneous Petition filed under Section 24 of Civil Procedure Code to withdraw HMOP No.100 of 2022 on the file of the Subordinate Judge, Thirupathur, Thirupathur district and transfer to the Family Court, Salem.

For Petitioner : Mr.B.Vasudevan For Respondent : No appearance 1/5

ORDER

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.100 of 2022 from the file of the Subordinate Judge, Thirupathur, Thirupathur district and transfer to the Family Court, Salem.

3. The marriage between the petitioner and the respondent was solemnized on 24.08.1998 at Thirupathur in Andal Thirumana Mandapam as per Hindu rites and customs. The respondent-husband filed petition in HMOP No.100 of 2022 for dissolution of marriage before the Subordinate Judge, Thirupathur, Thirupathur district. The petitioner/wife has also filed DVOP No.61 of 2020 before the Additional Mahila Court (Fast Track Court), Salem. The petitioner is the wife and she states that she is residing at Salem with two female children and cannot undertake repeated travel from Salem to Subordinate Court, Thirupathur, Thirupathur district for every hearing causes extreme physical and mental hardship. She further states that the case is at enquiry stage.

4. There is no representation on behalf of the respondent. 2/5

5. Having regard to the convenience of the petitioner/wife and considering that the matter pertains to matrimonial jurisdiction, and also taking note that the Family Court is a specialised Court for adjudication of such disputes, this Court is satisfied that the transfer sought deserves to be ordered.

6. Accordingly, Tr.C.M.P.No.92 of 2024 is allowed. HMOP No.100 of 2022 on the file of the Subordinate Court, Thirupathur, Thirupathur district, is withdrawn and transferred to the file of the Family Court, Salem. The Subordinate Court, Thirupathur, Thirupathur district shall transmit the entire records to the file of the Family Court, Salem, within three weeks from the date of receipt of a copy of this order and the Family Court, Salem shall dispose of the matter in accordance with law, as expeditiously as possible, uninfluenced by any observations made in this order. Consequently, connected miscellaneous petition is also closed. There shall be no order as to costs. 26.02.2026 Index : Yes/No Speaking order : Yes/No dpq 3/5

To

1. The Subordinate Court, Thirupathur, Thirupathur district.

2. The Family Court, Salem.

4/5

DR.A.D.MARIA CLETE. J, dpq and CMP.No.2207 of 2024 26.02.2026 5/5