R. Pavithra v. S.Chandrasekar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18-03-2026
CORAM
THE HON'BLE MRS.JUSTICE R. KALAIMATHI T r .CMP No. 226 of 2026 and CMP No.7480 of 2026 R. Pavithra W/o. Chandrasekar, ..Petitioner(s) Vs S.Chandrasekar S/o. Shanmugam ..Respondent(s) PRAYER: Petition filed under Section 24 of C.P.C. seeking to withdraw the case in H.M.O.P.No.795 of 2025 from the file of the Principal Family Court, Coimbatore and transfer the same to the file of the Sub Court, Alandur where H.M.O.P.No.105 of 2026 is pending.
For Petitioner(s):
Mr.A. Saravanan For Respondent(s):
Mrs.Rohini Ravikumar
ORDER
Heard learned counsel for the petitioner.
2.The petitioner who is the 1st respondent / wife in H.M.O.P.No.795 of 2025 on the file of the Principal Family Court, Coimbatore, has filed this Transfer Civil Miscellaneous Petition seeking to transfer the said H.M.O.P.No.795 of 2025 to the file of the Sub Court, Alandur by stating that she is not in a position to travel to Coimbatore from Chennai.
3.Mrs.Rohini Ravikumar, learned counsel takes notice for the respondent and the respondent also appeared through video conferencing. 4.Learned counsel for the respondent has no objection in allowing the above petition.
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 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 a perusal of petition filed in H.M.O.P.No.795 of 2025, it appears that the 1st respondent in H.M.O.P.No.795 of 2025 on the file of the Family Court, Coimbatore, is the petitioner herein. She would aver that she has filed H.M.O.P.No.105 of 2026, for restitution of conjugal rights, which is pending before the Sub Court, Alandur. She would also aver that she has got two children and she has to travel to Coimbatore to attend the Court proceedings pending in H.M.O.P.No.795 of 2025 on the file of Principal Family Court, Coimbatore.
7.In consideration of the aforesaid details, the request of the petitioner / wife herein appears to be based on justifiable cause and accordingly, this Transfer Civil Miscellaneous Petition stands allowed. Sequel to this, H.M.O.P.No.795 of 2025 pending on the file of the Principal Family Court, Coimbatore is withdrawn and transferred to the file of the Sub Court, Alandur. The Sub Court, Alandur, on receipt of the records to try and dispose of the matter in accordance with law at the earliest. No costs. Consequently, the connected C.M.P.No.7480 of 2026 is closed.
18-03-2026 Index: Yes / No Speaking / Non Speaking kas
R.KALAIMATHI, J.
kas To.
1.The Principal Family Court Coimbatore 2.The Sub Court Alandur T r .CMP No. 226 of 2026 and CMP No.7480 of 2026 18-03-2026