L.Dhivya v. V.Rahul Venkat

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.02.2026

CORAM:

THE HONOURABLE DR. JUSTICE A.D. MARIA CLETE Tr.C.M.P. No.1401 of 2025 & C.M.P. No.32747 of 2025 Mrs.L.Dhivya D/o.R.Lakshmi Naryanan, No.26/12 Sathara Street, Kumbakonam, Tanjore District 612 001 ... Petitioner -VersusMr.V.Rahul Venkat S/o.S.P.Venkatesh, No.313/2,Appu Colony Bell Area, Anna Nagar West, Chennai 600 040.

... Respondent Prayer in Tr.C.M.P. No.1401 of 2025: Transfer Petition filed under Section 24 of C.P.C., to withdraw in HMOP.No.4697 of 2025, on the Learned IV Addl.Family Court at Chennai and transfer the same to the file of the Learned Principal Subordinate Court, Kumbakonam.

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Prayer in C.M.P. No. 32747 of 2025: Petition seeking to pass an order of interim stay of further proceedings in HMOP No.4697 of 2025, on the Learned IV Additional Family Court at Chennai, pending disposal of the Transfer C.M.P. For Petitioner : Mr.M.Rajasekar, Advocate For Respondent : Mr.A.Sumathy, Advocate

ORDER

Heard .

2.Transfer Petition is filed under Section 24 of C.P.C., to withdraw in HMOP.No.4697 of 2025, on the Learned IV Addl.Family Court at Chennai and transfer the same to the file of the Learned Principal Subordinate Court, Kumbakonam.

3.The petitioner is the wife. The marriage between the petitioner and the respondent was solemnised on 08.09.2024 at Kumbakonam and registered on 11.09.2024.

4.The respondent has instituted H.M.O.P. No.4697 of 2025 for divorce under Section 13(1)(i-a) of the Hindu Marriage Act on the file of the IV Additional Principal Judge, Family Court, Chennai.

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5.The case of the petitioner is that she is presently residing at Kumbakonam and is dependent upon her parents; she has to travel about 300 kms to Chennai and finds it difficult to attend the proceedings at Chennai, and therefore seeks transfer of the above H.M.O.P. to Kumbakonam.

5. In matrimonial transfer petitions, it is well settled that the convenience of the wife and the attendant circumstances, including travel hardship deserve due weight, and the Court must balance convenience without causing prejudice to the other side.

6. In the present case, the petitioner's residence is at Kumbakonam and the distance involved for each hearing is substantial. Considering the pleadings and the overall circumstances, this Court is satisfied that ends of justice would be met by transferring the proceedings to Kumbakonam. There will be no irreparable prejudice would be caused to the respondent. Accordingly, the Transfer Civil Miscellaneous Petition deserves to be allowed. 3/6

7. Accordingly, Tr.C.M.P. No.1401 of 2025 is allowed. H.M.O.P. No.4697 of 2025 on the file of the IV Additional Principal Judge, Family Court, Chennai, is withdrawn and transferred to the file of the Principal Subordinate Court, Kumbakonam. The IV Additional Principal Judge, Family Court, Chennai, shall transmit the entire records to the Principal Subordinate Court, Kumbakonam, within three (3) weeks from the date of receipt of this order and the Principal Subordinate Court, Kumbakonam, shall dispose of the matter in accordance with law, as expeditiously as possible, uninfluenced by any observations made in this order. C.M.P. No.32747 of 2025 is closed. There shall be no order as to costs. 03.02.2026 jv/mfa Index: Yes / No Speaking Order / Non-speaking Order 4/6

To

1. The IV Addl.Family Judge, Chennai.

2. The Principal Subordinate Judge, Kumbakonam. 5/6

DR. A.D. MARIA CLETE, J jv/mfa Tr.C.M.P. No.1401 of 2025 & C.M.P. No.32747 of 2025 03.02.2026 6/6