C.Kalaivani v. V.Kaviraj Velayutham
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24-02-2026
CORAM
THE HON'BLE DR.JUSTICE A.D.MARIA CLETE and CMP No.27725 of 2025 C.Kalaivani W/o V.Viswanathan, D/o Chokalingam, Old No 39/1, New No 44, Moovendar St, Gandhi Nagar, Avadi, Chennai 600 054.
..Petitioner(s) Vs V.Kaviraj Velayutham S/o Viswanathan, New No 7, Old No 13, Ananda Vinayagar Koil Street, Kosapet, Chennai 600 054. Now at No. 22/9, Hajee Mohammed Appas Sahib Street, Kosapet, Chennai 12 ..Respondent(s) PRAYER IN TRCMP To Withdraw the H.M.O.P. No. 3102 of 2025 pending on the file of the Learned V Additional Family Court, Chennai and transfer the same to the file of Sub Court, Ambattur.
PRAYER IN CMP To stay all further proceedings in H.M.O.P. No. 3102 of 2025 pending on the file of the Learned V Additional Family Court, Chennai pending disposal of the above transfer civil miscellaneous petition. For Petitioner(s):
Mr.S.Sivakumar For Respondent(s):
Mr.M.Bhoopathy
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.3102 of 2025 pending on the file of the V Additional Family Court, Chennai, and transfer of the same to the file of the Sub Court, Ambattur, for disposal in accordance with law.
3. The petitioner is the wife. The respondent/husband has instituted H.M.O.P. No.3102 of 2025 seeking dissolution of marriage by a decree of divorce (under the Hindu Marriage Act).
4.The petitioner-wife is residing at Ambattur and is taking care of a minor child aged about 8 years. It is also recorded that the matrimonial OP is at the pre-trial stage. The petitioner stated that she is sole caregiver for the minor child and frequent travel would disrupt the child's schooling and routine. 5.The petitioner has also pleaded medical difficulty. The affidavit states that she had undergone treatment/surgery for scar endometriosis and that
frequent travel would aggravate pain, apart from other ailments. The petitioner would therefore submit that she is unable to travel frequently and attend proceedings at Chennai.
6.Considering the above circumstances, particularly the petitioner's residence, the responsibility of caring for a school-going minor child, the medical constraints pleaded and having regard to the stage of the proceedings, this Court is satisfied that the transfer sought deserves to be ordered.
7. In the result, Tr.C.M.P. No.1219 of 2025 is allowed. H.M.O.P. No.3102 of 2025 pending on the file of the V Additional Family Court, Chennai is withdrawn and transferred to the file of the Sub Court, Ambattur, for disposal in accordance with law. The V Additional Family Court, Chennai shall transmit the entire records in H.M.O.P. No.3102 of 2025 to the Sub Court, Ambattur. On receipt of the records, the Sub Court, Ambattur shall shall dispose of the matter in accordance with law, as expeditiously as possible, uninfluenced by any observations made in this order. Consequently, connected C.M.P. No.27725 of 2025 is closed. No costs.
24-02-2026 Index: Yes/No Speaking/Non-speaking order MFA
To
1. V Additional Family Court, Chennai
2. Sub Court, Ambattur.
DR.A.D.MARIA CLETE, J.
MFA and CMP No.27725 of 2025 24-02-2026