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Madras High CourtTR CMP/1301/2025allowed

Revathy v. P.C.Pratheesh Kumar

2026-01-02Honourable Dr.Justice A.D.Maria Clete5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.01.2026

CORAM

THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE CMP No.29713 of 2025 Revathy ... Petitioner Vs P.C.Pratheesh Kumar ... Respondent PRAYER inTr.C.M.P:

This Transfer Miscellaneous Petition is filed under Section 24 C.P.C., to withdraw S.M.O.P. No.358 of 2025 from the file of the Principal District and Sessions Court, Thiruvallur and transfer the same to the file of the Additional District and Sessions Court, Poonamallee.

PRAYER in C.M.P:

To stay all further proceedings in S.M.O.P. No.358 of 2025 pending disposal of the Transfer Civil Miscellaneous Petition. For Petitioner :Mr.S.M.Muralidharan For Respondent :Mr.V.I.Prashanth 1/5

O R D E R

Heard.

2. This Transfer Civil Miscellaneous Petition is filed by the wife seeking transfer of S.M.O.P. No.358 of 2025, instituted by the husband before the Principal District and Sessions Court, Thiruvallur, to the Additional District and Sessions Court, Poonamallee. The parties are spouses and their marriage is stated to have been registered under the Special Marriage Act, 1954 and they have a minor son.

3. The petitioner/wife would submit that she is employed as a Medical Officer at Chennai and she is primarily taking care of the minor child, who is school-going. It is pleaded that the Court at Thiruvallur is at a distance of 35 Kms from her place of residence and that frequent travel on hearing dates would cause undue hardship, whereas Poonamallee Court is comparatively nearer and convenient.

4. The learned counsel for the respondent has not raised any objection in allowing this petition and both counsels requested not to relegate the matter 2/5

to the Principal District Judge , rather in the intended of speedy justice to allow the petition here and now.

5. Considering the request made by both sides, to meet the ends of speedy justice this petition is entertained. In matrimonial proceedings, the convenience of the wife, particularly when she is having the responsibility of a minor child, is a relevant and weighty consideration. The petitioner has shown sufficient cause of hardship in attending the proceedings at Thiruvallur and the transfer sought is only to a competent Court within the jurisdiction and nearer to her place of residence. No serious prejudice would be caused to the respondent/husband by such transfer.

6. In the above circumstances, this Court is inclined to allow the transfer petition.

Accordingly, Tr.C.M.P. No.1301 of 2025 is allowed. S.M.O.P. No.358 of 2025 on the file of the Principal District and Sessions Court, Thiruvallur, is withdrawn and transferred to the file of the Additional District Sessions Court, Poonamallee.

The Principal District and Sessions Court, Thiruvallur, shall transmit the entire records to the Additional District and Sessions Court, Poonamallee, 3/5

within three (3) weeks from the date of receipt of a copy of this order and the Additional District and Sessions Court, Poonamallee 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 28.11.2025 shall stand vacated and C.M.P. No.29713 of 2025 is closed. There shall be no order as to costs.

02.01.2026 mfa Index: Yes / No Speaking Order / Non-speaking Order To

1. Principal District and Sessions Court, Thiruvallur

2. Additional District and Sessions Court, Poonamallee. 4/5

DR. A.D. MARIA CLETE, J mfa CMP No.29713 of 2025 02.01.2026 5/5