Nirosha v. Murali

ORDER The petitioner is the wife, who seeks transfer of G.O.P.No.191 of 2025 from the file of the learned Principal District Judge, Krishnagiri, to the file of the learned Principal District Judge, Vellore.

2.Heard the learned counsel for the parties. Page2 of 4

3.The learned counsel for the petitioner, taking me through the averments made in the affidavit filed in support of the transfer application, states that the petitioner is finding it difficult to travel all the way to attend the GOP proceedings before the Principal District Court, Krishnagiri, as she is a resident of Katpadi and she has no support as well. It is the further case of the petitioner that the GOP has been filed only as a counter blast to HMOP.No.81 of 2025, which is pending before the Sub Court, Katpadi, already.

4.The learned counsel for the respondent however states that the respondent has already lodged a complaint against the petitioner before the Inspector of Police, Thally Police Station, Krishnagiri District, concerning the child's safety and that a final report was also filed way back on 05.07.2025. The complaint with regard to the safety of the child is a matter on the merits of the GOP and need not be gone into the present transfer CMP proceedings, which concerns only the convenience and inconvenience of the parties to attend the proceedings before the Principal District Judge, Krishnagiri.

5.Considering the difficulties expressed by the petitioner-wife, I am inclined to entertain the transfer application, leaving it open to the parties to agitate their respective contentions with regard to guardianship and custody on merits. It is made clear that the presence of the minor child shall not be insisted Page3 of 4 upon by the learned Principal District Judge, Vellore, unless and otherwise the learned Principal District Judge, Vellore, is of the view that the child's views will have to be taken into account and if so, the convenience of the child shall be ascertained well in advance before issuing any directions for the appearance of the minor child.

6.In fine, the Transfer Civil Miscellaneous Petition is ordered and G.O.P.No.191 of 2025 is hereby withdrawn from the file of the learned Principal District Judge, Krishnagiri and transferred to the file of the learned Principal District Judge, Vellore. No costs. Connected Civil Miscellaneous Petition is closed.

22.07.2026 ATA To

1.The Principal District Court, Krishnagiri.

2.The Principal District Court, Vellore. Page4 of 4

P.B.BALAJI, J. ATA TR CMP No.328 of 2026

22.07.2026

Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22.07.2026 CORAM THE HON'BLE MR.JUSTICE P.B. BALAJI TR CMP No.328 of 2026 & CMP.No.9275 of 2026 Nirosha ..Petitioner(s) Vs Murali ..Respondent(s) Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of CPC, to withdraw G.O.P.No.191 of 2025 on the file of the Principal District Judge, Krishnagiri, Krishnagiri District and to transfer the same to the file of the Principal District Judge, Vellore, Vellore District. For Petitioner(s): Mr.M.Sathish Kumar For Respondent(s): Mr.B.Sandeep