Pushpalatha v. R.Saravanan

ORDER Heard.

¶2The present Transfer Civil Miscellaneous Petition has been filed by the wife seeking transfer of H.M.O.P. No.2257 of 2024, pending on the file of the Family court, Chennai, to the Family Court, Erode.

¶3The marriage between the petitioner and the respondent was solemnized on 02.07.2016 according to Hindu rites and customs. The respondent/husband Page2 of 6 has instituted the above H.M.O.P.2257 of 2024 seeking dissolution of marriage.

¶4The case of the petitioner is that after marriage, due to matrimonial discord, she is residing with her children in one portion of the respondent's house at Erode. It is further stated that she has to travel about 400 kilometres from Erode to Family Court, Chennai for every posting, which is causing undue hardship.

¶5The petitioner has specifically pleaded that travelling from Erode to Chennai for every hearing causes extreme physical and mental hardship. She is stated to be dependent on her parents for emotional and physical support and is unable to travel independently.

¶6It is a well-settled proposition of law that in matrimonial proceedings, convenience of the wife deserves paramount consideration, particularly when she is residing at a different place and cannot undertake repeated travel with the children. The Hon'ble Supreme Court and this Court have consistently held that such transfers are warranted to ensure effective access to justice and to avoid undue hardship to the wife.

¶7In the present case, considering the residence of the petitioner at Erode, and the fact that the proceedings are at a nascent stage, this Court is of the Page3 of 6 considered view that no serious prejudice would be caused to the respondent if the matter is transferred. On the other hand, refusal to transfer would result in grave hardship to the petitioner. Therefore, this Court finds sufficient cause to allow the Transfer Civil Miscellaneous Petition.

¶8Accordingly, Tr.C.M.P. No.946 of 2024 is allowed. H.M.O.P. No.2257 of 2024 on the file of the Family Court, Chennai, is withdrawn and transferred to the file of the Family Court, Erode. The Family Court, Chennai, shall transmit the entire records to the Family Court, Erode, within a period of three (3) weeks from the date of receipt of a copy of this order and the Family Court, Erode, 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 13.10.2025 shall stand vacated and C.M.P. No.20631 of 2024 is closed. There shall be no order as to costs. 25-02-2026 Index: Yes/No Speaking/Non-speaking order jai/dna To

¶1The Family Court, Page4 of 6 Chennai.

¶2The Family Court, Erode. Page5 of 6

DR.A.D.MARIA CLETE, J. JAI/dna TR CMP No. 946 of 2024 25-02-2026 Page6 of 6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25-02-2026 CORAM THE HON'BLE DR. JUSTICE A.D. MARIA CLETE TR CMP No. 946 of 2024 in CMP.No.20631 of 2024 Pushpalatha ..Petitioner(s) Vs R. Saravanan ..Respondent(s) Prayer: This Transfer Civil Miscellaneous Petition is filed to withdraw the case in HMOP No.2257 of 2024 pending on the file of the Honble Family Court at Chennai and transfer the same to the Family Court, Erode. For Petitioner(s): Mr.J.Titus Enock For Respondent(s): Mr.S.Silambannan Senior Advocate for Mr.M.Babu Barveez