Suguna v. S.Balakrishnan

ORDER Heard the learned counsel for the petitioner and the learned counsel for the respondent.

¶2The respondent (wife) in H.M.O.P.No.428 of 2025 on the file of the Family Court, Dindigul is the petitioner herein.

¶3Petitioner/wife would aver that she is residing at Coimbatore (Vadavalli) and she finds it difficult to attend the Court hearings as she has to travel from Coimbatore to Dindigul. She would further aver that she has got 1 ½ year old girl child.

¶4The learned counsel for the petitioner would reiterate the aforestated grounds set out in the petition and seeks to transfer the aforesaid H.M.O.P.No.428 of 2025 to the Family Court at Coimbatore.

¶5Whereas, the learned counsel for the respondent would strenuously argue that the petitioner/wife is still working at Dindigul Medical College and aforestated averments are not correct.

¶6As per the communication circulated by the learned counsel for the petitioner, was issued by the Dean of Tiruppur Government Medical College. Wherein the petitioner has been transferred to Tiruppur Government Medical College in the month of January 2026 and she has taken charge of her post there.

¶7The 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."

¶8In consideration of the above said details, the request of the petitioner herein / wife appears to be based on justifiable cause and accordingly, this Transfer Civil Miscellaneous Petition is allowed. Sequel to this, H.M.O.P.No.428 of 2025 pending on the file of the Family Court, Dindigul is withdrawn and transferred to the file of the I Additional Principal Judge, Family Court, Coimbatore. The I Additional Principal Judge, Family Court, Coimbatore, on receipt of the records shall take all effective steps to try and dispose of the matter in accordance with law at the earliest. No Costs. Consequently, connected Civil Miscellaneous Petition is closed.

07.04.2026 Index: Yes/No Speaking/Non-speaking order ssn To

¶1The Family Court, Dindigul.

¶2The I Additional Principal Judge, Family Court, Coimbatore.

¶3The Section Officer, V.R.Section, High Court, Madras. R.KALAIMATHI,

J.,

ssn and C.M.P.No.7537 of 2026

07.04.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 07.04.2026 CORAM THE HON'BLE Mrs.JUSTICE R.KALAIMATHI and C.M.P.No.7537 of 2026 Suguna ... Petitioner Vs S.Balakrishnan ... Respondent PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, to withdraw the H.M.O.P.No.428 of 2025 pending on the file of the Family Court at Dindigul and transfer the same to the Family Court at Coimbatore. For Petitioner : Mr.M.Selvam For Respondent : Mr.P.Suresh