M.Athisakthiammal v. Venkatasubramanian

Order Heard.

¶2This Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, 1908, seeking withdrawal of H.M.O.P. No.119 of 2025 from the file of the Sub Court, Ambasamudram and transfer of the same to the file of the Family Court, Chennai, for disposal in accordance with law. Page3 of 6

¶3The petitioner is the wife. The marriage between the petitioner and the respondent was solemnized on 16.09.2015 at Manikandan Mahal, Ambasamudram, as per Hindu rites and customs. The matrimonial original petition, H.M.O.P. No.119 of 2025, has been filed by the respondent/husband before the Sub Court, Ambasamudram seeking dissolution of marriage.

¶4It is the case of the petitioner that she is working at Egmore, Chennai, and is taking care of a minor child aged about 10 years. It is her case that she would be put to serious hardship if required to travel frequently to Ambasamudram for each and every hearing. The petitioner is the sole care giver of the minor child and cannot undertake frequent travel would disrupt the child's schooling and routine work.

¶5Notice was ordered. Despite service of notice, none appeared on behalf of the respondent. The Court, therefore, proceeds to consider the request on merits.

¶6In transfer petitions arising out of matrimonial proceedings, the Court is required to consider the comparative hardship and balance of convenience. The petitioner-wife is employed at Chennai and is also saddled with the responsibility of taking care of a school-going minor child. Frequent long-Page4 of 6 distance travel to Ambasamudram would cause avoidable hardship. The transfer sought is to the Family Court at Chennai, which is a competent forum to try and dispose of the matrimonial OP.

¶7In view of the above circumstances, this Court is satisfied that the transfer sought deserves to be ordered.

¶8In the result, Tr.C.M.P. No.85 of 2026 is allowed. H.M.O.P. No.119 of 2025 pending on the file of the Sub Court, Ambasamudram is withdrawn and transferred to the file of the Family Court, Chennai, for disposal in accordance with law. The Sub Court, Ambasamudram shall transmit the entire records in H.M.O.P. No.119 of 2025 to the Family Court, Chennai, within three weeks from the date of receipt of a copy of this order. On receipt of records, the 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, C.M.P. No.2007 of 2026 is closed. No costs. 24-02-2026 Index: Yes/No Speaking/Non-speaking order MFA Page5 of 6 To

¶1Sub Court, Ambasamudram

¶2Family Court Chennai TRoCMPoNo.o85oofo2026 DR.A.D.MARIAoCLETEoJ MFA TRoCMPoNo.o85oofo2026 AND CMPoNO.o2007oOFo2026 24-02-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24-02-2026 CORAM THE HON'BLE DR.JUSTICE A.D.MARIA CLETE AND CMP NO. 2007 OF 2026 M.Athisakthiammal D/o.Mariappan, Previously resided at Jayanthi Hostel, Srinivasan St, Egmore Police Station Opp, Egmore, Chennai 8. Currently res.at No.84/2, Poosala Gengu Reddy St, Egmore, Chennai 8 ..Petitioner(s) Vs Venkatasubramanian S/o.Gopalakrishnan, No.7/1A, Kamatchi Amman Koil St, Ambasamudram, Tirunelveli 627 401 Kamatchi Amman Kovil Street, Ambasamudram, Tirunelveli 627 401. ..Respondent(s) CMP No. 2007 of 2026 M.Athisakthiammal D/o.Mariappan, Previously resided at Jayanthi Hostel, Srinivasan St, Egmore Police Station Opp, Egmore, Chennai 8. Currently res.at No.84/2, Poosala Gengu Reddy St, Egmore, Chennai 8 .. Petitioner Vs Page2 of 6 Venkatasubramanian S/o.Gopalakrishnan, No.7/1A, Kamatchi Amman Koil St, Ambasamudram, Tirunelveli 627 401 Kamatchi Amman Kovil Street, Ambasamudram, Tirunelveli 627 401. ..Respondent(s) To Withdraw the HMOP.No. 119/2025, on the file of Sub Court, Ambasamudram and transfer the same to the file of Family Court Chennai and pass such further or other orders and thereby render justice. CMP No. 2007 of 2026 To stay all further proceedings in HMOP.No. 119/2025 on the file of Sub Court, Ambasamudram pending disposal of the above Transfer Petition. For Petitioner(s): Mr.B.Vincent Praveen Kumar For Respondent(s): No appearance