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Madras High CourtTR CMP/51/2026ordered

R.P.Keerthana v. V.R.Deepan

2026-04-09Honourable Mrs.Justice R. Kalaimathi5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.04.2026

CORAM

THE HON'BLE Mrs.JUSTICE R.KALAIMATHI and C.M.P.No.1316 of 2026 R.P.Keerthana ... Petitioner Vs V.R.Deepan ... Respondent PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, to withdraw the transfer O.P.No.391 of 2024 on the file of the Principal Family Court, Coimbatore and to try along with H.M.O.P.No.162 of 2025 pending on the file of the Sub-Court, Rasipuram.

For Petitioner : Mr.S.Kanimozhi For Respondent : No Appearance

ORDER

Heard the learned counsel for the petitioner. 1/5

2. The respondent/wife in H.M.O.P.No.391 of 2024 is the petitioner herein.

3. Petitioner/wife would aver that she is resident of Rasipuram and residing with her parents. She would further aver that she finds it difficult to travel from Rasipuram to Coimbatore for all the Court hearings for about 180 Kms.

4. The learned counsel for the petitioner would reiterating the grounds set out in the petition and seeks for transfer of above said H.M.O.P.No.391 of 2024 to the Sub-Court, Rasipuram to be tried along with H.M.O.P.No.162 of 2025 pending before the Sub-Court, Rasipuram.

5. The principles regarding transfer petitions, more specifically in the matters of matrimonial cases are well settled by the Hon'ble Supreme Court in the following cases:- "i. In AIR 2000 SC 3512 (1) (Mona Aresh Goel vs. Aresh Satya Goel), when the wife pleaded that she was unable to bear the traveling 2/5

expenses and even to travel alone and stay at Bombay, the Supreme Court ordered transfer of proceedings.

ii. In 2000 (10) SCC 304 (Geeta Heera Vs. Harish Chander Heera), the Hon'ble Supreme Court has held that where the petitioner's wife has pleaded lack of money, the same has to be considered.

iii. In Lalita A. Ranga Vs. Ajay Champalal Ranja reported in (2009) 9 SCC 355 , wherein the wife, who was having small child and she was finding it difficult to travel from Jaipur to Bombay, and the Hon'ble Apex Court accepting her request ordered the transfer petition in favour of the wife transferring the transfer petition from Family Court at Bandra in Mumbai to the Family Court at Jaipur."

6. On perusal of short and long cause title, it appears that petitioner is resident of Kailasapalayam, Rasipuram Taluk, Namakkal District and Husband is the resident of Peelamedu, Coimbatore.

7. In consideration of the above said details, the request of the petitioner herein / wife appears to be based on justifiable cause and accordingly, this Transfer Civil Miscellaneous Petition is allowed. Sequel 3/5

to this, H.M.O.P.No.391 of 2024 pending on the file of the Principal Family Court, Coimbatore is withdrawn and transferred to the file of the Sub-Court, Rasipuram and to be tried along with H.M.O.P.No.162 of 2025 on the file of Sub-Court, Rasipuram. The learned Judge of the Sub-Court, Rasipuram, on receipt of the records shall take all effective steps to dispose of the matter in accordance with law at the earliest. No Costs. Consequently, connected Civil Miscellaneous Petition is closed. 09.04.2026 Index: Yes/No Speaking/Non-speaking order ssn To

1. The Principal Family Court, Coimbatore.

2. The Sub-Court, Rasipuram.

3. The Section Officer, V.R.Section, High Court, Madras.

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R.KALAIMATHI, J., ssn and C.M.P.No.1316 of 2026 09.04.2026 5/5