B.Dhanalakshmi v. V.Aravind

ORDER

¶1Heard.

¶2This Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure seeking withdrawal of H.M.O.P.No.391 of 2025 from the file of the learned Subordinate Judge, Ambattur, Tiruvallur, and to transfer the same to the file of the learned I Additional Principal Judge, Family Court, Chennai, on the grounds of hardship and inconvenience.

¶3The marriage between the petitioner and the respondent was solemnized on 16.06.2024 at Arulmigu Vadapalani Andavar Temple, Vadapalani, Chennai as per Hindu rites and customs. The respondent filed divorce petition in HMOP No.391 of 2025 before the Subordinate Court, Ambattur. Page3 of 6

¶4The petitioner is the wife and she is residing within Chennai jurisdiction. The petitioner has also filed HMOP No.5461 of 2025 seeking restitution of conjugal rights before the I Additional Principal Judge, Family Court, Chennai and the same is pending. Further the petitioner is residing at her parental home. The grievance of the petitioner is that she is taking care of the infant baby.

¶5The petitioner seeks transfer contending that she is residing at Chennai, that she has no independent income, and it extremely difficult to travel for each hearing, especially with the minor child. She also expresses an apprehension of threat/intimidation if she is compelled to attend the Court proceedings.

¶6It is well settled that in petitions seeking transfer of matrimonial proceedings, the Court has to bear in mind the convenience and hardship of the spouse who is required to travel, particularly where the wife has custody of a minor child, and the overall ends of justice. In the case on hand, the petitioner is residing at Chennai with the minor child. The plea of long-distance travel, financial burden, and the need to care for the child cannot be brushed aside. Page4 of 6

¶7In view of the circumstances pleaded and having regard to the convenience of the petitioner/wife, this Court is of the view that the transfer sought deserves to be ordered.

¶8Accordingly, Tr.C.M.P.No.16 of 2026 is allowed. The proceedings in H.M.O.P.No.391 of 2025 on the file of the Subordinate Judge at Ambattur, Tiruvallur, are withdrawn and transferred to the file of the learned I Additional Principal Judge, Family Court, Chennai. The Subordinate Judge at Ambattur, Tiruvallur shall transmit the entire records to the file of I Additional Principal Judge, Family Court, Chennai within three weeks from the date of receipt of a copy of this order. The I Additional Principal Judge, Family Court, Chennai shall dispose of the matter in accordance with law, as expeditiously as possible, uninfluenced by any observations made in this order. Consequently, connected C.M.P.No.515 of 2026 is closed. There shall be no order as to costs. 18-02-2026 Index: Yes/No Speaking/Non-speaking order MFA Page5 of 6 To

¶1Subordinate Judge at Ambattur, Tiruvallur.

¶2I Additional Principal Judge, Family Court, Chennai TRoCMPoNo.o16oofo2026 DR.A.D.MARIAoCLETE,oJ MFA TRoCMPoNo.o16oofo2026 and CMPoNO.515oOFo2026 18-02-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 18-02-2026 CORAM THE HON'BLE DR.JUSTICE A.D.MARIA CLETE and CMP NO.515 OF 2026 B.Dhanalakshmi W/o V.Aravind, No.37/18, Neeliveeraswamy Street, Triplicane, Chennai 600 005 ..Petitioner(s) Vs V.Aravind S/o R.Venkatesan, No.8, Ambadi Nagar, Near Vel Tech College, Vellanur, Chennai 600 062 ..Respondent(s) PRAYER IN TRCMP: To grant an order withdrawing HMOP.No.391 of 2025 pending on the file of the Subordinate Judge at Ambattur, Tiruvallur and transfer the same to the 1st Additional Principal Judge, Family Court, at Page2 of 6 Chennai which is suitable and having jurisdiction to try the case and pass such further or other orders as this Honourable Court may deem fit and proper in the circumstances of the case and thus render justice. PRAYER IN CMP: To stay all further proceedings in HMOP.No.391 of 2025 pending on the file of the Subordinate Judge at Ambattur, Tiruvallur. For Petitioner(s): Mr.G.Sathya Narayanan For Respondent(s): No appearance