A.Kalaivani v. P.Anbarasu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.01.2026 CORAM :

THE HONOURABLE DR.JUSTICE A.D. MARIA CLETE Tr.C.M.P. No.1109 of 2025 and C.M.P. No.24932 of 2025 A. Kalaivani, W/o. P. Anbarasu, Aged about 27 years, No.1/52, Kotrappatti, Sandappatti, Harur, Dharmapuri - 635 305 Petitioner

Versus

P. Anbarasu, S/o. Paneerselvam, Aged about 38 years, No.5/372, Palanisamy Nagar, Arumugakkaoundanur, Perur Chettipalayam, Coimbatore - 641 010.

Respondent Prayer in Tr.C.M.P. No.1109 of 2025:

Petition filed under Section 24 of C.P.C., to withdraw H.M.O.P. No.593 of 2025 on the file of the Principal Family Court, Coimbatore and transfer the same to the file of the Subordinate Court, Harur, Dharmapuri District. 1/6

Prayer in C.M.P. No.24932 of 2025:

Petition to stay all further proceedings in H.M.O.P. No.593 of 2025 on the file of the Principal Family Court, Coimbatore, pending disposal of the Transfer C.M.P. For Petitioner : Mr.M.Srinivasan For Respondent : No appearance

ORDER

1. Heard.

2. The petitioner is the wife. The respondent is the husband. The marriage between the parties was solemnized on 15.09.2014 at Coimbatore as per Hindu rites. Two children were born through the wedlock, namely, Boomika (about 10 years) and Dhansika (about 7 years). The petitioner states that the second child is with her at Harur, and the first child is with the respondent's parents at Coimbatore.

3. The respondent has instituted H.M.O.P. No.593 of 2025 on the file of the Principal Family Court, Coimbatore. The petitioner has entered appearance and the matter was posted for mediation. The present Transfer C.M.P. is filed seeking withdrawal of the said H.M.O.P. from Coimbatore and transfer to Subordinate Court, Harur, Dharmapuri District. 2/6

4. The reasons stated by the petitioner, in substance, are that she is residing at Harur with the minor child; that the distance between Harur and Coimbatore is stated to be about 500 kms; that repeated travel with the child would be onerous; and that she apprehends difficulty in attending the Court at Coimbatore, also stating that the respondent is influential. She further refers to matrimonial discord and police complaint particulars stated in her affidavit.

5. This Court has considered the pleadings. In petitions under Section 24 C.P.C. in matrimonial disputes, the paramount consideration is to ensure a fair opportunity to contest and to avoid hardship. Consistently, the convenience of the wife, particularly when she has the responsibility of a minor child, is a relevant and weighty factor. The petitioner is stated to be residing at Harur and is also taking care of the minor child with her. The travel involved between Harur and Coimbatore is substantial, and compelling the petitioner to undertake repeated journeys for each hearing would cause avoidable hardship.

6. In the above circumstances, this Court is satisfied that the ends of justice would be served by ordering transfer as prayed for, without expressing any opinion on the merits of the matrimonial dispute. 3/6

7. Accordingly, Tr.C.M.P. No.1109 of 2025 is allowed. H.M.O.P. No.593 of 2025 on the file of the Principal Family Court, Coimbatore, is withdrawn and transferred to the file of the Subordinate Court, Harur, Dharmapuri District. The Principal Family Court, Coimbatore, shall transmit the entire records to the Subordinate Court, Harur, within three (3) weeks from the date of receipt of this order and the Subordinate Court, Harur, shall dispose of the matter in accordance with law, as expeditiously as possible, uninfluenced by any observations made in this order. C.M.P. No.24932 of 2025 is closed. There shall be no order as to costs. 23.01.2026 mfa 4/6

To 1.Principal Family Court, Coimbatore

2. Subordinate Court, Harur, Dharmapuri District. 5/6

DR. A.D. MARIA CLETE, J mfa Tr.C.M.P. No.1109 of 2025 and C.M.P. No.24932 of 2025 23.01.2026 6/6