R.Sindhupriyadarshini v. M.Abdul Kareem

ORDER Heard.

¶2The present Transfer Civil Miscellaneous Petition has been filed by the petitioner/wife seeking transfer of OS. No.44 of 2024, pending on the file of the Family Court, Trichirapalli and transfer the same to Family Court, Ariyalur.

¶3The marriage between the petitioner and the respondent was solemnized on 07.05.2015 and out the wedlock one male child was born on 23.01.2024. The respondent/husband has instituted the above O.S.No. 44 of 2024 seeking Page2 of 4 divorce.

¶4The case of the petitioner is that after marriage, due to matrimonial discord, she is residing separately at Ariyalur. It is further stated that she has to take care of her child and cannot undertake repeated travel with child.

¶5The petitioner has specifically pleaded that the petitioner is residing at Ariyalur with the six months baby and cannot undertake repeated travel with the child. It is further stated that travelling from Ariyalur to Family Court, Trichirapalli for every hearing causes extreme physical and mental hardship.

¶6There is no representation on behalf of the respondent.

¶7It 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 child. 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.

¶8In the present case, considering the residence of the petitioner at Ariyalur, and the fact that the proceedings are in the initial stage, this Court is of the Page3 of 4 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.

¶9Accordingly, Tr.C.M.P. No.1000 of 2024 is allowed. O.S. No.44 of 2024 on the file of the Family Court, Trichirapalli, is withdrawn and transferred to the file of the Family Court, Ariyalur. The Family Court, Trichirapalli, shall transmit the entire records to the Family Court, Ariyalur , within a period of three (3) weeks from the date of receipt of a copy of this order and the Family Court, Ariyalur, 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 01.10.2024 shall stand vacated. Consequently, C.M.P. No.21908 of 2024 is closed. There shall be no order as to costs. 26-02-2026 Index: Yes/No Speaking/Non-speaking order DPQ To

¶1The Family Court, Tirchirapalli.

¶2The Family Court, Ariyalur. Page4 of 4

DR.A.D.MARIA CLETE, J. DPQ 26-02-2026

Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 26-02-2026 CORAM THE HON'BLE DR.JUSTICE A.D.MARIA CLETE R.Sindhupriyadarshini ..Petitioner(s) Vs M.Abdul Kareem ..Respondent(s) Prayer: This Transfer Civil Miscellaneous Petition is filed seeking to withdraw and transfer the OS No. 44 of 2024 on the file of Family Court, Trichirapalli to the Family Court at Ariyalur. For Petitioner(s): Mr.B.Mahendra Naidu For Respondent(s): Mr.M.Abdul Kareem- No appearance