Sineka v. K.Jaya Priyan

ORDER

¶1Heard .

¶2This Transfer Civil Miscellaneous Petition has been filed by the petitioner/wife seeking withdrawal of H.M.O.P. No.449 of 2025 (filed by the respondent/husband) pending on the file of the Family Court, Tiruchirappalli, and transfer of the same to the file of the Principal Judge, Family Court, Chennai, for disposal in accordance with law.

¶3The case of the petitioner, in substance, is that she is residing at Velachery, Chennai, and that having regard to her personal circumstances and the difficulties pleaded, she would not be in a position to undertake repeated travel to Tiruchirappalli for every hearing. It is also stated that the respondent is employed/placed in a position to attend proceedings at Chennai without comparable hardship.

¶4It is further placed before this Court that the respondent/husband has not raised any serious objection for allowing the transfer sought for in the present petition.

¶5This Court has consistently held, in transfer petitions arising out of matrimonial proceedings, that the ends of justice and comparative convenience of parties are the guiding factors; and ordinarily, where no serious prejudice is demonstrated by the opposite party and the transfer would avoid undue hardship and facilitate effective participation in the proceedings, the Court would lean in favour of such transfer.

¶6In the case on hand, the petition is for transfer of a matrimonial proceeding filed by the husband from Tiruchirappalli to Chennai. The petitioner/wife is stated to be residing at Chennai, and the respondent has not placed any substantial impediment for transfer. In the circumstances, this Court is satisfied that permitting the transfer would subserve the ends of justice and enable effective adjudication without causing undue prejudice to the respondent. Accordingly, the Transfer Civil Miscellaneous Petition deserves to be allowed.

¶7Accordingly, Tr.C.M.P. No.879 of 2025 is allowed. H.M.O.P. No.449 of 2025 on the file of the Family Court, Tiruchirappalli, is withdrawn and transferred to the file of the Principal Judge, Family Court, Chennai. The Family Court, Tiruchirappalli, shall transmit the entire records to the Principal Judge, Family Court, Chennai, within three (3) weeks from the date of receipt of this order and the Principal Judge, Family Court, Chennai, 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 14.08.2025 shall stand vacated and C.M.P. No.20189 of 2025 is closed. There shall be no order as to costs.

30.01.2026 mfa Index: Yes / No Speaking Order / Non-speaking Order To

¶1Family Court, Tiruchirappalli

¶2Principal Judge, Family Court, Chennai Tr.C.M.P.No.879oofo205oooooo DR.oA.D.oMARIAoCLETE,oJ mfa Tr.C.M.P.oNo.879oofo2025 and oC.M.P.oNo.20189oofo2025

30.01.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 30.01.2026 CORAM THE HONOURABLE DR.JUSTICE A.D. MARIA CLETE Tr.C.M.P. No.879 of 2025 and C.M.P. No.20189 of 2025 SINEKA D/o. R. Ramesh, No.3, 2nd Street, Astalakshmi Nagar, Velachery, Chennai – 600 042. … Petitioner Vs K. Jaya Priyan S/o. Kannan, F-1, Madura Flats, Agrahara Street, Bikshandar Koil, Tiruchirapalli – 621 216. … Respondent Prayer in Tr.C.M.P. No.879 of 2025: Transfer Petition filed under Section 24 of C.P.C., to withdraw H.M.O.P. No.449 of 2025 on the file of the Family Court, Tiruchirappalli and transfer the same to the file of the Principal Judge, Family Court, Chennai, for trial and disposal in accordance with law. Prayer in C.M.P. No.20189 of 2025: Petition for interim stay of all further proceedings in H.M.O.P. No.449 of 2025 pending disposal of the Transfer Civil Miscellaneous Petition. For Petitioner : Mr.M.Venkatesh For Respondent :Mr.R.Dasaratha Rao