N.Tonili Nija Alias Donilinija, v. R.Karthikraj,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-03-2026

CORAM

THE HON'BLE MRS.JUSTICE R. KALAIMATHI TR CMP No. 1215 of 2025 and CMP.No.27684 of 2025 N.Tonili Nija alias Donilinija, D/o.Natarajan, Having Permanent Address at No.4/90, Kilaku Street, Araichi, Tiruchirappalli - 621 214.

Also at Thandavampattu Village, Musiri Taluk, Tiruchirappalli District.

..Petitioner(s) Vs.

R.Karthikraj, S/o.Raveendran, Ulundurpet Narayanan Nagar, Ulundurpet Taluk, Kallakurichi District.

..Respondent(s) Prayer: Transfer Civil Miscellaneous Petition is filed under Section 24 of Code of Civil Procedure, 1908, to withdraw the H.M.O.P.No.33 of 2025, on the file of Sub Court, at Ulundurpet and transfer the same to Family Court, at Tiruchirappalli.

For Petitioner(s) :

Mr.B.Mohan For Respondent(s):

Ms.U.P.Swepna

ORDER

Heard the learned counsel for the petitioner and the learned counsel for

the respondent.

2. The petitioner who is the respondent / wife in H.M.O.P.No.33 of 2025 on the file of Sub Court, Ulundurpet has filed this Transfer Civil Miscellaneous Petition seeking to transfer the said H.M.O.P., to the Family Court at Tiruchirappalli by stating that she is not in a position to travel to Ulundurpet for more than 153 Kms.

3. Reiterating the said contention, the learned counsel for the petitioner would further add that she is living in her parents' home along with her minor child at Tiruchirappalli and she finds it difficult to travel to Ulundurpet from Tiruchirappalli for all the hearing dates.

4. Per contra, the learned counsel for the respondent would submit that on hearing dates alone she needs to travel and sought for dismissal of the Transfer Civil Miscellaneous Petition.

5. 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."

6. On perusal of petition filed in H.M.O.P.No.33 of 2025, it appears that petitioner/husband is the resident of Kallakurichi District (Ulundurpet) and the respondent/wife is the resident of Tiruchirappalli District.

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 allowed. Sequel to

this, H.M.O.P.No.33 of 2025 pending on the file of the Sub Court, Ulundurpet is withdrawn and transferred to the file of the Family Court at Tiruchirappalli. The Family Court, Tiruchirappalli 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. 13-03-2026 Index: Yes/No Speaking/Non-speaking order MAC To

1. The Sub Court, Ulundurpet

2. The he Family Court, Tiruchirappalli

R.KALAIMATHI, J.

MAC TR CMP No. 1215 of 2025 and CMP.No.27684 of 2025 13-03-2026