S.Jayasri v. K.Rajesh

ORDER Heard

¶1This Transfer Civil Miscellaneous Petition is filed by the petitioner under Section 24 of the Code of Civil Procedure to withdraw H.M.O.P. No.2104 of 2025 pending on the file of the IV Additional Family Court, Chennai and to transfer the same to the file of the Family Court, Karaikal.

¶2The petitioner is the wife and the respondent is the husband. The marriage between the parties solemnized on 24.01.2024. There are no children through the wedlock. The respondent has filed H.M.O.P. No.2104 of 2025 before the IV Additional Family Court, Chennai. It is the case of the petitioner that she is residing at Karaikal and she has also initiated H.M.O.P.NO. 51 of 2025 for restitution of Conjugal Rights before Family Court Karaikal and D.V.C. Complaint in No.7 of 2025 before Judicial Magistrate II Karaikal. She states that she would be put to hardship if she is compelled to travel to Chennai on every hearing date.

¶3Considering the facts and circumstances, and taking note of the convenience of the petitioner/wife, this Court is of the view that the transfer sought for is to be ordered. In matrimonial transfer petitions, the convenience of the wife ordinarily deserves greater weight and the ends of justice would be met by allowing the transfer.

¶4Accordingly, Tr.C.M.P. No.756 of 2025 is allowed. H.M.O.P. No.2104 of 2025 on the file of the IV Additional Family Court, Chennai, is withdrawn and transferred to the file of the Family Court, Karaikal. The IV Additional Family Court, Chennai, shall transmit the entire records to the Family Court, Karaikal, within three (3) weeks from the date of receipt of this order and the Family Court, Karaikal 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 25.07.2025 shall stand vacated and C.M.P. No.17656 of 2025 is closed. There shall be no order as to costs.

27.01.2026 Index:Yes/No Internet:Yes dsn DR. A.D.MARIA CLETE dsn To

¶1The IV Additional Family Court, Chennai.

¶2The Family Court, Karaikal. TR CMP No.756 of 2025 and CMP No.17656 of 2025

27.01.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27-01-2026 CORAM THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE TR CMP No. 756 of 2025 and CMP No.17656 of 2025 S.Jayasri ...Petitioner(s) Vs. K.Rajesh ...Respondent(s) Prayer in Tr.CMP No.756 of 2025: Transfer Civil Miscellaneous Petition is filed under Section 24 of Code of Civil Procedure, pleased to withdraw the H.M.O.P.No.2104 of 2025 on the file of the IV Additional Family Court, Chennai and transfer the same to the file of the Family Court, Karaikal. Prayer in CMP No.17656 of 2025: Petition filed under Section 151 of Code of Civil Procedure, pleased to stay all further proceedings in H.M.O.P.No.2104 of 2025 pending on the file of the IV Additional Family Court, Chennai pending disposal of the above Transfer Civil Miscellaneous Petition. For Petitioner(s) : Mr.J.Zeakumar. For Respondent(s) : Mr.Sriram Sanjay for Mr.A.Tamilselvan.