Saranya v. Vijay

ORDER

Heard .

¶2The present Transfer Civil Miscellaneous Petition has been filed by the petitioner/wife seeking withdrawal of HMOP No.140 of 2022 pending on the file of the Family Court, Krishnagiri and transfer the same to the Family Court Chennai.

¶3The petitioner is the wife. Marriage between the petitioner/wife and the respondent/husband was solemnized on 24.02.2021. The respondent/husband has instituted H.M.O.P. No.140 of 2022 before the Family Court, Krishnagiri, seeking dissolution of marriage on the ground of cruelty.

¶4The petitioner seeks withdrawal and transfer of the said H.M.O.P. from Krishnagiri to Chennai, stating that she is presently residing at Chennai and pursuing her medical course, and that travelling to Krishnagiri (about 250 km; ) for each hearing would cause hardship and safety concerns.

¶5The learned counsel for the respondent would submit that the transfer petition was filed in the year 2025 and that the matter was also referred to mediation; however, the mediation has not culminated in settlement.

¶6In matrimonial matters, while considering a request for transfer, the convenience of the wife ordinarily deserves primacy, particularly when she is required to travel long distances to contest proceedings at a far-off place. The petitioner has shown sufficient cause for seeking transfer and the balance of convenience is in her favour.

¶7Accordingly, Tr.C.M.P. No.742 of 2025 is allowed. H.M.O.P. No.140 of 2022 on the file of the Family Court, Krishnagiri, is withdrawn and transferred to the file of the Family Court, Chennai. The Family Court, Krishnagiri, shall transmit the entire records to the Family Court, Chennai, within three (3) weeks from the date of receipt of this order and 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. Interim stay granted by this Court on 22.07.2025 shall stand vacated and C.M.P. No.17371 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 Family Judge, Krishnagiri.

¶2The Family Judge, Chennai. Tr.C.M.P.No.742oofo2025ooo DR.oA.D.oMARIAoCLETE,oJ jv/mfa Tr.C.M.P.oNo.742oofo2025 & C.M.P.oNo.17371oofo2025

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.742 of 2025 & C.M.P. No.17371 of 2025 Dr. Saranya D/O. K.Krishnamoorthi, 4/49B, Madarahalli Village and post, Poochampalli Taluk, Krishnagiri District. Currently residing at Sri Ladies Guest House, 68/22, Jawaharlal Nehru Salai, Ottagapalayam, Somasundara Bharathi Nagar, Vadapalani, Chennai, Tamilnadu 600026. … Petitioner -Versus- Dr.Vijay S/o. A.G.Jayaraman, Opp to Government Higher sec School, Athiganur Village and Post, Mathur Via, Bagur Taluk, Krishnagiri District - 635 203, Having Work at Jayaram Hospital, Jagadevi Main Road, Bargur Taluk, Krishnagiri District. … Respondent Prayer in Tr.C.M.P. No.742 of 2025: Transfer Petition filed under Section 24 of C.P.C., withdraw the proceedings in HMOP No.140 of 2022 pending on the file of the Hon'ble Family Court, Krishnagiri and transfer the same to the Hon'ble Family Court Chennai. Prayer in C.M.P. No.17371 of 2025: Petition seeking to stay all the proceedings in HMOP No.140 of 2022 pending on the file of the Hon'ble Family Court, Krishnagiri, pending disposal of the Transfer C.M.P. For Petitioner : Mr.C.Iyyappa Raj, Advocate For Respondent : Mrs.C.Jayachithra, Advocate