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Madras High CourtTR CMP/1229/2025allowed

G.Rohini v. V.Agilan

2026-02-26Honourable Dr.Justice A.D.Maria Clete6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26-02-2026

CORAM

THE HON'BLE DR.JUSTICE A.D.MARIA CLETE AND CMP NO. 27920 OF 2025 G.Rohini D/o.Gnanasekar, No.7, Block No.22, Thoddnter Nagar, (Near Kalainar Mandabam), Saidapet, Chennai 600 015 ..Petitioner(s) Vs V.Agilan S/o.Vinayagam, 2/68, Post office Street, Chennakuppam Village, Katpadi, Rusha Campus, Vellore 632209. also Resding at Chennakuppam Village, K.V.Kuppam Taluk, Vellore 632201 ..Respondent(s) CMP No. 27920 of 2025 G.Rohini D/o.Gnanasekar, No.7, Block No.22, Thoddnter Nagar, (Near Kalainar Mandabam), Saidapet, Chennai 600 015 ..Appellant(s) Vs V.Agilan S/o.Vinayagam, 2/68, Post office Street, Chennakuppam Village, Katpadi, Rusha Campus,

Vellore 632209. also Resding at Chennakuppam Village, K.V.Kuppam Taluk, Vellore 632201 ..Respondent(s) To withdraw and transfer HMOP No.69 of 2025 presently pending on the file of the Subordinate Court, Katpadi, Vellore to the file of the Honble VI Additional Family Court, Chennai, where the MC No.402 of 2025 filed by the petitioner is already pending, so that both matters may be heard and disposed of together in accordance with law and may be pleased to pass such further or other orders as may be deemed fit and proper in the facts and circumstances of the case.

CMP No. 27920 of 2025 To stay all further proceedings in HMOP No.69 of 2025 pending on the file of the Subordinate Court at Katpadi, Vellore. For Petitioner(s):

M/s.S. Deepika For Respondent(s):

No appearance Order Heard.

2. This Transfer Civil Miscellaneous Petition has been filed by the petitioner/wife under Section 24 of the Code of Civil Procedure seeking

withdraw HMOP.No.69 of 2025 pending on the file of the Subordinate Court, Katpadi, Vellore and transfer of the same to the file of the VI Additional Family Court, Chennai.

3.The marriage between the petitioner and the respondent was solemnized on 04.02.2018 at GTS Mahal Mandabam, K.V.Kuppam Katpadi road. Out of their wedlock, a female child was born to them. The respondent/husband has filed a petition for divorce before the Subordinate Court, Katpadi and the petitioner/wife has filed M.C.No.402 of 2025 before the VI Additional Family Court, Chennai.

4.The petitioner is the wife. She states that she is residing at Chennai and therefore it is extremely difficult for her to travel and prosecute the divorce proceedings at Katpadi, Vellore.

5.In transfer petitions arising out of matrimonial and allied proceedings, the paramount consideration is the ends of justice and the comparative hardship. When the wife is residing within the jurisdiction of the proposed transferee Court and she is required to travel a long distance to attend every hearing, the Court ordinarily leans in favour of her convenience, particularly when no serious prejudice is shown to be caused to the respondent.

6.In the case on hand, having regard to the petitioner's place of residence at Chennai and the long distance involved, this Court is satisfied that the transfer sought deserves to be allowed, to avoid hardship and to facilitate effective adjudication.

7.

Accordingly, Tr.C.M.P.1229 of is allowed.

H.M.O.P No.69 of 2025 on the file of the Subordinate Court, Katpadi, Vellore is withdrawn and transferred to the file of the VI Additional Family Court, Chennai. The Subordinate Court, Katpadi Vellore, shall transmit the entire records to the VI Additional Family Court, Chennai, within three (3) weeks from the date of receipt of this order and the VI Additional Family Court, Chennai 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/Non-speaking order DPQ

To 1.The Subordinate Court, Katpadi, Vellore 2.The VI Additional Family Court, Chennai

DR.A.D.MARIA CLETE J.

DPQ AND CMP NO. 27920 OF 2025 26-02-2026