Nivethithaa v. Sankar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.02.2026 PRESENT:

THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE Tr.C.M.P. No.1105 of 2025 and C.M.P.No.24913 of 2025 Nivethithaa ... Petitioner Vs.

Sankar ... Respondent Prayer in Tr.C.M.P. No.1105 of 2025: Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the and transfer the petition for divorce in HMOP.No.93 of 2025 pending on the file of the Subordinate Court, Sankari and transfer the same to the Family Court, Coimbatore or Subordinate Court, Coimbatore.

Prayer in C.M.P. No.24913 of 2025: To stay of all further proceedings in HMOP.No.93 of 2025 pending on the file of the Subordinate Court, Sankari pending disposal of the above transfer petition. 1/5

For Petitioner : Mr.S.Senthil For Respondent : Mr,R.Ezhilarasan

ORDER

Heard.

2. This Transfer Civil Miscellaneous Petition has been filed by wife seeking withdrawal of H.M.O.P. No.93 of 2025 pending on the file of the Subordinate Court, Sankari 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 24.11.2023 at Athikarumapuram, Sri Sellandi Amman Thirukovil in Sankari. The petitioner is the wife. It is that she is residing at Coimbatore and is employed, and it is not feasible for her to undertake travel from Coimbatore to Sankari to attend the proceedings and the distance between Coimbatore to Sankari is 140 kms. It is also stated that there are no children through the wedlock.

4. The said HMOP No.93 of 2025 has been filed by the respondent/husband seeking divorce before the Subordinate Court, Sankari. 2/5

5. Having regard to the facts and circumstances, this Court is satisfied that the balance of convenience is in favour of the petitioner and that it would be in the interest of justice to order transfer.

6. Accordingly, Tr.C.M.P. No.1105 of 2025 is allowed. HMOP No.93 of 2025 on the file of the Subordinate Court, Sankari is withdrawn and transferred to the file of the Family Court, Coimbatore. The Subordinate Court, Sankari shall transmit the entire records to the Family Court, Coimbatore, within three (3) weeks from the date of receipt of this order and the Family Court, Coimbatore shall dispose of the matter in accordance with law, as expeditiously as possible, uninfluenced by any observations made in this order. There shall be no order as to costs. Consequently, connected miscellaneous petition is also closed. 13.02.2026 dpq Index : Yes/No NCC : Yes/No Speaking Order / Non-Speaking Order 3/5

To

1. The Subordinate Court, Sankari

2. The Family Court, Coimbatore.

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DR. A.D. MARIA CLETE, J.

dpq Tr.C.M.P. No.1105 of 2025 and C.M.P.No.24913 of 2025 Dated: 13.02.2026 5/5