R.Suganya, v. V.Kamesh,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25-02-2026
CORAM
THE HON'BLE DR.JUSTICE A.D.MARIA CLETE and CMP.No.32579 of 2025 R.Suganya ..Petitioner(s) Vs V.Kamesh ..Respondent(s) Prayer: This Transfer Civil Miscellaneous Petition is filed seeking to withdraw the H.M.O.P.No.304 of 2025 on the file of the Principal Subordinate Court, Kancheepuram and transfer the same to the Sub Court, Thiruvottiyur to try along with HMOP.No.217/2025 on the file of Sub Court, Thiruvottiyur . For Petitioner(s):
Mr.G.Gopalakrishnan For Respondent(s):
M/s.A.Anbukkarasi for Sole Respondent
ORDER
Heard.
2. This Transfer Civil Miscellaneous Petition is filed by the petitioner/wife seeking transfer of HMOP.No.304 of 2025, filed by the respondent/husband, seeking divorce, from the file of the Principal Subordinate Court, Kancheepuram to the file of the Sub Court, Thiruvottiyur, for trial along with HMOP.No.217 of 2025 filed by the petitioner/wife seeking restitution of
conjugal rights.
3. The marriage between the parties was solemnized on 15.09.2010. She states that now she is residing at Mathur in Thiruvallur District with her aged mother and along with her child.
4.The petitioner specifically pleaded that petitioner is residing at Mathur in Chennai, with his son and has to travel about 80 Kilometres for every posting which is causing undue hardship.
5. The respondent has also expressed no objection for transfer of HMOP. No.304 of 2025 from the file of the Principal Subordinate Court, Kancheepuram to the Sub Court, Thiruvottiyur.
6. In transfer petitions arising out of matrimonial proceedings, the paramount consideration is to ensure that access to justice is not rendered illusory and that the proceedings are conducted in a manner which is fair and convenient, particularly when the wife is required to attend Court. Recording the no objection expressed by the respondent and having regard to the pleaded circumstances of the petitioner and the stated travel hardship, this Court is of the view that the ends of justice would be served by ordering transfer as sought.
7. Accordingly, Tr.C.M.P. No.1395 of 2025 is allowed. H.M.O.P. No.304 of 2025 on the file of the Principal Subordinate Court, Kancheepuram is withdrawn and transferred to the file of the Sub Court, Thiruvottiyur for trial along with the petition filed by wife in H.M.O.P.No.217 of 2025 which is pending on the file Sub Court, Thiruvottiyur. The Principal Subordinate Court, Kancheepuram, shall transmit the entire records to the Sub Court, Thiruvottiyur, within three (3) weeks from the date of receipt of this order and the Sub Court, Thiruvottiyur, shall dispose of the matter in accordance with law, as expeditiously as possible, uninfluenced by any observations made in this order. Consequently, C.M.P. No.32579 of 2025 is closed. There shall be no order as to costs.
25-02-2026 Index: Yes/No Speaking/Non-speaking order JAI/dna To
1. The Principal Subordinate Court, Kancheepuram
2. The Sub Court, Thiruvottiyur.
DR.A.D.MARIA CLETE, J.
JAI/dna 25-02-2026