Girija v. Jegadheesh

ORDER Heard the learned counsel for the petitioner and the learned counsel for the respondent.

¶2This Transfer Civil Miscellaneous Petition is taken out by the wife / respondent in H.M.O.P.No.78 of 2025 on the file of the Subordinate Court at Chidambaram and seeking to transfer the same to the file of the Subordinate Court at Mayiladuthurai.

¶3H.M.O.P.No.78 of 2025 was filed by the husband for divorce under Section 13(1)(i-a) (i-b) of the Hindu Marriage Act, 1955.

¶4Petitioner/wife would aver that she is residing at Mayiladuthurai and she finds it difficult to travel to Chidambaram for every hearing.

¶5The principles regarding transfer petitions, more specifically in the matters of matrimonial cases are well settled by the Hon'ble Supreme Court in the following cases:- "i. In AIR 2000 SC 3512 (1) (Mona Aresh Goel vs. Aresh Satya Goel), when the wife pleaded that she was unable to bear the traveling expenses and even to travel alone and stay at Bombay, the Supreme Court ordered transfer of proceedings. ii. In 2000 (10) SCC 304 (Geeta Heera Vs. Harish Chander Heera), the Hon'ble Supreme Court has held that where the petitioner's wife has pleaded lack of money, the same has to be considered. iii. In Lalita A. Ranga Vs. Ajay Champalal Ranja reported in (2009) 9 SCC 355 , wherein the wife, who was having small child and she was finding it difficult to travel from Jaipur to Bombay, and the Hon'ble Apex Court accepting her request ordered the transfer petition in favour of the wife transferring the transfer petition from Family Court at Bandra in Mumbai to the Family Court at Jaipur."

¶6On perusal of short and long cause title in H.M.O.P.No.78 of 2025, it appears that she is resident of Mayiladuthurai District (Pappakudi, Manalmedu Post).

¶7In consideration of the above said details, the request of the petitioner herein / wife appears to be based on justifiable cause and accordingly, this Transfer Civil Miscellaneous Petition is allowed. Sequel to this, H.M.O.P.No.78 of 2025 pending on the file of the Sub-Court, Chidambaram is withdrawn and transferred to the file of the Sub-Court, Mayiladuthurai. The the Sub-Court, Mayiladuthurai, on receipt of the records to try and dispose of the matter in accordance with law at the earliest. No Costs. Consequently, connected Civil Miscellaneous Petition is closed.

16.03.2026 Index: Yes/No Speaking/Non-speaking order ssn To

¶1The Subordinate Court, Chidambaram.

¶2The Subordinate Court, Mayiladuthurai.

¶3The Section Officer, V.R.Section, High Court, Madras. R.KALAIMATHI,

J.,

ssn and C.M.P.No.20615 of 2025

16.03.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 16.03.2026 CORAM THE HON'BLE Mrs.JUSTICE R.KALAIMATHI and C.M.P.No.20615 of 2025 Girija ... Petitioner Vs Jegadheesh ... Respondent PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, to withdraw the H.M.O.P.No.78 of 2025 pending on the file of the Sub-Court at Chidambaram and transfer the same to the Sub-Court at Mayiladuthurai. For Petitioner : Mr.B.Jawahar For Respondent : Mr.R.Rajesh