S. Navitha Kumari v. M. Hariprasath

ORDER Heard .

¶2The present Transfer Civil Miscellaneous Petition has been filed by the petitioner/wife seeking withdrawal of HMOP No.4506 of 2024 pending on the file of the Principal Family Court at Chennai and transfer the same to the Subordinate Court at Chengalpattu.

3.The petitioner is the wife. The respondent is the husband. The marriage between the parties was solemnized on 18.01.2019. Two minor female children were born to them. The respondent has filed H.M.O.P. No. 4506 of 2024 (under Section 9 of the Hindu Marriage Act) before the Principal Family Court, Chennai.

¶4The petitioner seeks transfer of the said H.M.O.P. from Chennai to the Subordinate Court, Chengalpattu, primarily on the ground that she is residing at Uthiramerur along with two young children and aged parents, and that it would be extremely difficult for her to travel to Chennai for every hearing.

¶5It is stated that the petitioner is residing at Uthiramerur and the respondent has not raised any objection for allowing this Transfer C.M.P.

¶6In matrimonial matters, the convenience of the wife, particularly where she has the responsibility of minor children, assumes significance. Here, the petitioner has pleaded the practical difficulty in travelling from Uthiramerur to Chennai with two minor children, and the respondent has not raised any objection for allowing this petition.

¶7In such circumstances, this Court is satisfied that allowing the transfer would subserve the ends of justice and avoid hardship to the petitioner, without causing prejudice to the respondent.

¶8Accordingly, Tr.C.M.P. No. 370 of 2025 is allowed. H.M.O.P. No. 4506 of 2024, on the file of the Principal Family Court, Chennai, is withdrawn and transferred to the file of the Subordinate Court, Chengalpattu. The Principal Family Court, Chennai, shall transmit the entire records to the Subordinate Court, Chengalpattu, within three (3) weeks from the date of receipt of this order and the Subordinate Court, Chengalpattu shall dispose of the matter in accordance with law, as expeditiously as possible, uninfluenced by any observations made in this order. The interim stay granted by this Court on 04.04.2025 shall stand vacated and C.M.P. No. 8267 of 2025 is closed. There shall be no order as to costs.

03.02.2026 jv/mfa Index: Yes / No Speaking Order / Non-speaking Order To

¶1The Principal Family Judge at Chennai

¶2The Subordinate Judge at Chengalpattu. Tr.C.M.P.No.370oofo2025ooo DR.oA.D.oMARIAoCLETE,oJ jv/mfa Tr.C.M.P.oNo.370oofo2025 & C.M.P.oNo.8267oofo2025

03.02.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 03.02.2026 CORAM: THE HONOURABLE DR. JUSTICE A.D. MARIA CLETE Tr.C.M.P. No.370 of 2025 & C.M.P. No.8267 of 2025 Mrs.S.Navitha Kumari W/o. M. Hariprasath, D/o. Sigamani, No.69, S.P. Kovil St, Uthiramerur, Kanchipuram 603406. … Petitioner -Versus- Mr. M.Hariprasath S/o. A. Mahendran, No.5, Vinayar Kovil St, Annai Sathya Nagar, Kolathur, Chennai 99. … Respondent Prayer in Tr.C.M.P. No.370 of 2025: Transfer Petition filed under Section 24 of C.P.C., to withdraw the above HMOP No.4506 of 2024 pending on the file of the learned Principal Family Court at Chennai and transfer the same to the learned Subordinate Court at Chengalpattu. Prayer in C.M.P. No.8267 of 2025: Petition seeking to stay all further proceedings of the HMOP No.4506 of 2024 pending on the file of the learned Principal Family Court at Chennai, pending disposal of the Transfer C.M.P. For Petitioner : Mr.N.Palanisamy, Advocate For Respondent : Mr.S.N.Arun Kumar, Advocate