V.Nithya v. Rakesh Sebastin

ORDER Heard.

¶2This Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure to withdraw O.S.No.3 of 2025 pending on the file of the Family Court, Thanjavur and transfer the same to the file of the Family Court, Tiruvallur.

¶3The petitioner is the wife. The marriage between the petitioner/ wife and the respondent/ husband was solemnized on 16.09.2024. The respondent/husband has filed the matrimonial proceedings in O.S. No.3 of 2025 on the file of the Family Court, Thanjavur, seeking divorce.

¶4The learned counsel for the petitioner submit that the petitioner/wife is residing at Tiruvallur, that there are no children through the wedlock, and that the matter is now at the stage of mediation. It is submitted that it would cause undue hardship to the petitioner to undertake travel to Thanjavur for each hearing and that the ends of justice would be served if the proceedings are transferred to Family Court, Tiruvallur.

¶5Per contra, the learned counsel for the respondent would submit that the respondent/husband is residing at Thanjavur and opposed the transfer.

¶6This Court has considered the rival submissions. In matrimonial proceedings, the convenience of the wife is a relevant consideration, particularly Page3 of 5 when the parties reside in different districts and the proceedings require repeated appearances. The case being at the mediation stage, transfer to the Court near the petitioner's place would also facilitate participation in mediation without avoidable hardship.

¶7Considering the overall facts and circumstances, this Court is satisfied that the Transfer Civil Miscellaneous Petition deserves to be allowed.

¶8Accordingly, Tr.C.M.P. No.792 of 2025 is allowed. O.S./H.M.O.P. No.3 of 2025 on the file of the Family Court, Thanjavur, is withdrawn and transferred to the file of the Family Court, Tiruvallur. The Family Court, Thanjavur, shall transmit the entire records to the Family Court, Tiruvallur, within three (3) weeks from the date of receipt of this order and the Family Court, Tiruvallur 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 30.07.2025 shall stand vacated and C.M.P. No.18209 of 2025 is closed. There shall be no order as to costs. 05-02-2026 Index: Yes/No Speaking/Non-speaking order SHL Page4 of 5 To:

¶1The District Judge, Family Court, Thanjavur

¶2The Family Court at Tiruvallur TRoCMPoNo.o792oofo2025 DR.A.D.MARIAoCLETEoJ. SHL TRoCMPoNo.o792oofo2025 and CMPoNO.o18209oofo2025 05-02-2026 Page5oofo5

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 05-02-2026 CORAM THE HON'BLE DR.JUSTICE A.D.MARIA CLETE and CMP No. 18209 of 2025 Nithya V ..Petitioner Vs Rakesh Sebastin ..Respondent Prayer in TR CMP No. 792 of 2025: Petition filed under section 24 of CPC to order of transfer and withdraw the case in OS No. 3 of 2025 pending on the file of the District Judge, Family Court, Thanjavur and transfer to the Family Court at Tiruvallur or any other court having Jurisdiction over Tiruvallur District. Prayer in CMP No. 18209 of 2025: Petition to stay all further proceedings in OS No. 3 of 2025 pending on the file of the District Judge, Family Court, Thanjavur pending disposal of the above Transfer petition. For Petitioner: Mr.S.M.Raghuram For Respondent: Mr.P.Sesubalan Raja Page2 of 5