K. Soleeshwari v. R. Manigandan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.01.2026 PRESENT:

THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE Tr.C.M.P. No.1322 of 2025 K. Soleeshwari ... Petitioner Vs.

R.Manigandan ... Respondent Prayer in Tr.C.M.P. No.1322 of 2025: Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw F.C.O.P.No.13 of 2025 pending before the Family Court at Erode and transfer to the file of the Sub Court, Alandur.

For Petitioner : Mr.T.Arul For Respondent : Mr.J.Ranjith Kumar 1/5

ORDER

Heard.

2. This Transfer Civil Miscellaneous Petition has been filed by the petitioner/wife seeking withdrawal and transfer of F.C.O.P. No.13 of 2025, pending on the file of the Hon'ble Family Court, Erode, to the file of the Sub Court, Alandur, Chennai.

3. The case of the petitioner, in brief, is that her marriage with the respondent was solemnized on 21.01.2024 and thereafter, matrimonial disputes arose. She states that she is now residing at Keelkattalai, Chennai, along with her aged parents. She further states that the respondent has filed the divorce proceedings in F.C.O.P. No.13 of 2025 at Erode. According to her, she has also initiated proceedings under the Protection of Women from Domestic Violence Act, in D.V.C. No.71 of 2025 before the Additional Mahila Court, Alandur. She also refers to a complaint before the All Women Police Station, Perundurai, Erode District, for which C.S.R. No.162 of 2024 is stated to be pending enquiry. 2/5

4. The petitioner pleads that the travel between Chennai and Erode is more than 400 kilometres, and that it is difficult for her to attend the proceedings at Erode.

5. This Court has considered the rival positions. In transfer petitions arising out of matrimonial disputes, the convenience and ability of the wife to participate effectively in the proceedings assumes significance. In the present case, the petitioner has placed materials to show that she is presently residing in Chennai and that she is already litigating connected proceedings at/around Alandur, Chennai, apart from the stated difficulty in undertaking long-distance travel to Erode for every hearing. In the considered view of this Court, the ends of justice would be met by ordering transfer as prayed for. Accordingly, the Transfer Civil Miscellaneous Petition is allowed.

6. Accordingly, Tr.C.M.P. No.1322 of 2025 is allowed. F.C.O.P. No.13 of 2025 on the file of the Hon'ble Family Court, Erode, is withdrawn and transferred to the file of the Sub Court, Alandur, Chennai. The Hon'ble Family Court, Erode, shall transmit the entire records to the Sub Court, Alandur, Chennai, within three (3) weeks from the date of receipt of this order and 3/5

the Sub Court, Alandur, Chennai shall dispose of the matter in accordance with law, as expeditiously as possible, uninfluenced by any observations made in this order. Connected CMPS if any are closed. There shall be no order as to costs. 05.01.2026 dpq Index : Yes/No NCC : Yes/No Speaking Order / Non-Speaking Order 4/5

DR. A.D. MARIA CLETE, J.

dpq To

1. The Family Court, Erode.

2.The Subordinate Court, Alandur.

Tr.C.M.P. No.1322 of 2025 Dated: 05.01.2026 5/5