Dhivya v. G.C.Sai Anand

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. Nos.1223 & 1224 of 2025 and C.M.P. Nos.27869 & 27875 of 2025 S.Dhivya .. Petitioner in Tr.C.M.P.Nos.1223 & 1224 of 2025 -VsG.C.Sai Anand ... Respondent in Tr.C.M.P.Nos.1223 & 1224 of 2025 Prayer in Tr.C.M.P.No.1223 of 2025:

Petition filed under Section 24 of CPC to withdraw F.C.O.P.No.219 of 2022 from the file of the Family Court, Vellore and transfer the same to the file of the Subordinate Court, Tambaram, Chennai.

Prayer in C.M.P.No.27869 of 2025:

Petition to grant interim stay of all further proceedings in F.C.O.P.No.219 of 2022 on the file of the Family Court, Vellore, pending disposal of Tr.C.M.P.No.1223 of 2025.

1/6

Prayer in Tr.C.M.P.No.1224 of 2025:

Petition filed under Section 24 of CPC to withdraw F.C.O.P.No.241 of 2023 from the file of the Family Court, Vellore and transfer the same to the file of the Subordinate Court, Tambaram, Chennai.

Prayer in C.M.P.No.27875 of 2025:

Petition to grant interim stay of all further proceedings in F.C.O.P.No.241 of 2023, pending disposal of Tr.C.M.P.No.1224 of 2025. For Petitioner : Mr.A.Thanigaivel For Respondent : Mr.S.Sashidhar Sivakumar COMMON ORDER

1. Heard.

2. The petitioner is the wife and the respondent is the husband. The respondent has filed F.C.O.P.No.219 of 2022 for dissolution of marriage on the file of the Family Court, Vellore. The petitioner has filed F.C.O.P.No.241 of 2023 for restitution of conjugal rights on the file of the Family Court, Vellore. 2/6

3. The marriage between the petitioner and the respondent was solemnized on 11.07.2019 at Vasudeval Thirumana Maligai, Selaiyur, according to Hindu rites and customs. The marriage was registered at Sub Registrar Office, Selaiyur, Tambaram on 30.10.2019.

4. The petitioner would submit that she is presently residing at Gowrivakkam, Tambaram, Chennai, and is dependent on her parents, for taking care of the child while she goes for work in Guindy for a meagre earnings.

5. The learned counsel for the respondent would submit that for the past 60 hearings, the petitioner has not co-operated with trial and the matter is pending without any progress, while the respondent-husband has filed affidavit two years prior in time and hence sought for expeditious disposal of the case.

6. Considering the nature of the proceedings, the convenience of the petitioner/wife, and in order to avoid multiplicity and the possibility of conflicting findings, this Court is of the view that the request for transfer deserves to be allowed.

3/6

7. Accordingly, Tr.C.M.P.

No.1223 of is allowed.

F.C.O.P. No.219 of 2022 on the file of the Family Court, Vellore, is withdrawn and transferred to the file of the Subordinate Court, Tambaram, Chennai. The Family Court, Vellore, shall transmit the entire records to the Subordinate Court, Tambaram, Chennai, within three (3) weeks from the date of receipt of this order and the Subordinate Court, Tambaram, Chennai shall dispose of the matter in accordance with law, as expeditiously as possible, uninfluenced by any observations made in this order. Interim stay granted by this Court on 12.11.2025 shall stand vacated and C.M.P. No.27869 of 2025 is closed. There shall be no order as to costs.

8. Accordingly, Tr.C.M.P.

No.1224 of is allowed.

F.C.O.P. No.241 of 2023 on the file of the Family Court, Vellore, is withdrawn and transferred to the file of the Subordinate Court, Tambaram, Chennai. The Family Court, Vellore, shall transmit the entire records to the Subordinate Court, Tambaram, Chennai, within three (3) weeks from the date of receipt of this order and the Subordinate Court, Tambaram, Chennai shall dispose of the matter in accordance with law, as expeditiously as possible, uninfluenced by any observations made in this order. Interim stay 4/6

granted by this Court on 12.11.2025 shall stand vacated and C.M.P. No.27875 of 2025 is closed. There shall be no order as to costs. 23.01.2026 mfa To

1. Family Court, Vellore 1.Subordinate Court, Tambaram, Chennai 5/6

DR. A.D. MARIA CLETE, J mfa Tr.C.M.P. Nos.1223 & 1224 of 2025 and C.M.P. Nos.27869 & 27875 of 2025 23.01.2026 6/6