Suguna v. Seeralan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12-01-2026
CORAM
THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE TR CMP No. 1313 of 2025 and CMP No.30067 of 2025 Suguna
...Petitioner(s)
Vs Seeralan
...Respondent(s)
Prayer in Tr.CMP No.1313 of 2025:
Transfer Civil Miscellaneous Petition is filed under Section 24 of Code of Civil Procedure, pleased to withdraw F.C.O.P. No. 61 of 2025 pending on the file of Hon'ble Family Court, Ariyalur, and to transfer the same to the file of the Hon'ble Family Court at Perambalur.
Prayer in CMP No. 30067 of 2025: Petition filed under Section 151 of Code of Civil Procedure, pleased to stay all further proceedings in F.C.O.P. No. 61 of 2025 pending on the file of Hon'ble Family Court, Ariyalur, pending disposal of the above transfer petition.
For Petitioner(s) : Mr.T.Arockia Dass for M/s.Dass and Viswa Associates For Respondent(s) : Mr.P.Arumuga Raja 1/4
ORDER
Heard
2. This Transfer Civil Miscellaneous Petition is filed by the wife under Section 24 of the Code of Civil Procedure, seeking withdrawal of F.C.O.P. No.61 of 2025 pending on the file of the Family Court, Ariyalur and transfer of the same to the file of the Family Court, Perambalur.
3. The marriage between the petitioner-wife and the respondent-husband was solemnized on 16.11.2023. It is the case of the petitioner that subsequent to marriage, she was subjected to ill-treatment and harassment; that she was driven out of the matrimonial home and is presently residing with her parents. She also asserts threat perception from the respondent and his side, and contends that she is not in a position to travel and contest the proceedings at Ariyalur.
4. The respondent has instituted F.C.O.P. No.61 of 2025 before the Family Court, Ariyalur. The petitioner further states that proceedings under the Domestic Violence Act have been initiated and the matter is pending at Perambalur (DVC No.25 of 2025). In these circumstances, she seeks transfer of the matrimonial original petition to Perambalur. The respondent states that he is suffering from ailments and if the transfer is allowed he has to travel twice in a month to participate in the proceedings.
5. In transfer petitions arising out of matrimonial disputes, the consistent 2/4
approach is to consider the ends of justice, balance of convenience, and the likelihood of prejudice to either side. More particularly, in such matters, the convenience of the wife, especially when she pleads lack of sufficient means and difficulty to travel is a relevant consideration.
6. In the case on hand, the petitioner has pleaded that she is presently residing with her parents, is dependent upon them, and is unable to undertake repeated travel to Ariyalur for effective participation in the proceedings. She has also pointed out that related proceedings are pending at Perambalur, and that a transfer would avoid hardship and facilitate effective adjudication without multiplicity and inconvenience.
7. Accordingly, Tr.C.M.P.No.1313 of 2025 is allowed. F.C.O.P.No.61 of 2025 on the file of the Family Court, Ariyalur, is withdrawn and transferred to the file of the Family Court, Perambalur. The Family Court, Ariyalur, shall transmit the entire records to the Family Court, Perambalur, within three (3) weeks from the date of receipt of this order and the Family Court, Perambalur, shall dispose of the matter in accordance with law, as expeditiously as possible, uninfluenced by any observations made in this order. Connected C.M.P. No. 30067 of 2025 is closed. There shall be no order as to costs.
12.01.2026 Index:Yes/No Internet:Yes dsn 3/4
DR. A.D.MARIA CLETE dsn To
1. The Family Court, Ariyalur.
2. The Family Court, Perambalur.
TR CMP No. 1313 of 2025 and CMP No.30067 of 2025 12.01.2026 4/4