S.Surya v. S.H.S. Saravanan

ORDER Heard.

¶2This Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure to withdraw H.M.O.P. No.350 of 2025 pending on the file of the Sub Court, Ambattur, Chennai, and to transfer the same to the file of the Family Court at Salem.

¶3The marriage between the petitioner and the respondent was solemnized on 21.06.2012 at Arulmighu Suguvaneswarar Swamy Thirukoil, Salem, as per Hindu rites and customs. The respondent-husband filed HMOP No.350 of 2025 seeking dissolution of marriage, before the Subordinate Court, Ambattur.

¶4Today, when the matter is taken up for hearing, there is no representation for the respondent. Page3 of 6

¶5The petitioner is the wife. The respondent is the husband. The wife seeks transfer on the ground of inconvenience and hardship in travelling to Chennai for every hearing. It is also placed before this Court that the respondent/husband has already instituted G.W.O.P. No.807 of 2025 before the Family Court at Salem, and that both matters are at the stage of filing counter.

¶6In transfer petitions arising out of matrimonial disputes, the paramount consideration is the ends of justice. Where the wife is required to contest proceedings at a distant place, the Court ordinarily leans in favour of her convenience, particularly when there is no demonstrable prejudice to the other side.

¶7In the case on hand, the Guardianship proceeding is already pending at Salem and the transfer sought would avoid multiplicity of proceedings, ensure effective adjudication, Further, as both cases are at the counter stage, no prejudice would be caused to the respondent if the transfer is allowed.

¶8For the foregoing reasons, this Court is satisfied that the Transfer C.M.P. deserves to be allowed. Accordingly, Tr.C.M.P. No.30 of 2026 is allowed. H.M.O.P. No.350 of 2025 on the file of the Sub Court, Page4 of 6 Ambattur, Chennai, is withdrawn and transferred to the file of the Family Court at Salem. The Sub Court, Ambattur, Chennai, shall transmit the entire records to the Family Court at Salem, within three (3) weeks from the date of receipt of this order and the Family Court at Salem shall dispose of the matter in accordance with law, as expeditiously as possible, uninfluenced by any observations made in this order. There shall be no order as to costs. 23-02-2026 Index: Yes/No Speaking/Non-speaking order MFA Page5 of 6 To

¶1Sub Court, Ambattur, Chennai.

¶2Family Court at Salem TRoCMPoNo.o30oofo2026 DR.A.D.MARIAoCLETE,oJ. MFA TRoCMPoNo.o30oofo2026o and CMPoNo.784oofo2026 23-02-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 23-02-2026 CORAM THE HON'BLE DR.JUSTICE A.D.MARIA CLETE and CMP No.784 of 2026 S.Surya W/o. S.Saravanan D/o. Parrivallal No. 132/488, TVK Road Ammapettai Salem 636 003 ..Petitioner(s) Vs S.H.S. Saravanan S/o. Sh.Soodamani Plot No. E1, Door No. 4/57, 2nd Floor, Susmitham Apartment Bhaghvathi Amman Temple Street ICF Colony, Chennai 058 ..Respondent(s) PRAYER IN TRCMP: To withdraw the HMOP No. 350 of 2025 on the file of Sub-Court, Ambattur at Chennai and transfer the same to the file of the Family Court at Salem District. PRAYER IN CMP: To stay all further proceedings in HMOP No. 350 of 2025 on the file of Sub-Court, Ambattur at Chennai, pending disposal of the above transfer CMP. Page2 of 6 For Petitioner(s): Mr.R.Balaji Singh For Respondent(s): No appearance