S.Shobana v. S. Enoch Jebaraj
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04-06-2026
CORAM
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI TR.C.M.P.No.1405 of 2025 and C.M.P.No.32815 of 2025 S.Shobana W/o.S.Enoch Jebaraj, D/o.Srinivasan, P-1/884, Devar Street, Gummidipoondi, Thiruvallur - 601 201.
(Now residing at Old No.14, New No.3, Corporation Colony, 3rd Street, Tondiarpet, Chennai - 600 081) ..Petitioner(s) Vs S. Enoch Jebaraj S/o.Stephen Backiaraj, No.352, Vasantham Nagar, Thirumazhisai Port, Vellavedu, Chennai 124, Thiruvallur District, Chennai - 600 124.
and also presently working in, Athena Health Technology Private Limited, 9th Floor, Block-B and C, # 40, Global Infocity Park, Dr. MGR Road, Kandanchavadi, Perungudi, Chennai - 600 096.
..Respondent(s) Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C., praying to withdraw the O.P.No.81 of 2025 pending on the file of Hon'ble Principal District and Sessions Court, Thiruvallur, transfer the same to the Principal Judge, Family Court, Chennai.
For Petitioner(s):
Mr.G.Krishnamoorthy for Mr.J.B.Solomon Peter Kamal Doss For Respondent(s):
Ms.Jayashree Narasimhan
ORDER
This petition has been filed to withdraw the petition in O.P.No.81 of 2025 pending on the file of the Principal District and Sessions Court, Thiruvallur and transfer the same to the Principal Judge, Family Court, Chennai. 2.Heard both sides and perused the materials available on record. 3.Learned counsel appearing for the petitioner submits that the petitioner is residing at Chennai. He further submits that the petitioner cannot go alone to Thiruvallur to attend Court proceedings on every hearing even the petitioner's parents cannot accompany her by virtue of their age and illness. The distance between the petitioner's residence and the Court at Thiruvallur is 70 kms. Further, the petitioner will be constrained to spend travel expenses and other expenses which cannot be borne by any means. Therefore, he prays the case in O.P.No.81 of 2025 may be withdrawn from the file of the Principal District and Sessions Judge, Thiruvallur and transferred to the Principal Judge, Family Court, Chennai.
4.Per contra, learned counsel appearing for the respondent raised objection and submits that the petitioner is not residing at Chennai. He produces a residence verification report from the Private Detective Service wherein it has been stated that the petitioner is not residing at Chennai and she is staying at New Gummidipoondi, Thiruvallur.
5.I have gone through the affidavit filed in support this petition and I find no merit in the submissions made by the learned counsel for the petitioner/wife. 6.The petitioner has not produced any concrete evidence/document to prove her residence at Chennai. Therefore, the reason assigned by the petitioner is not justifiable. Considering the facts and circumstances of the case, this Court is not inclined to transfer the case from the Principal District and Sessions Judge, Thiruvallur to the Principal Judge, Family Court, Chennai. 7.Accordingly, this transfer civil miscellaneous petition is dismissed. No costs. Connected, connected miscellaneous petition is closed. 04-06-2026 Index: Yes/No Speaking/Non-speaking order pam
T.V.THAMILSELVI, J.
pam To 1.The Principal District and Sessions Court, Thiruvallur. 2.The Principal Judge, Family Court, Chennai. TR.C.M.P.No.1405 of 2025 and C.M.P.No.32815 of 2025 04-06-2026