Thilagavathy v. Sabarirajan

ORDER Heard.

¶2The present Transfer Civil Miscellaneous Petition has been filed by the wife seeking transfer of H.M.O.P. No.114 of 2024, pending on the file of the Sub Court, Neyveli at Cuddalore District and transfer the same to Sub Court, Kanchipuram. Page2 of 5

¶3The marriage between the petitioner and the respondent was solemnized on 25.03.2016 according to Hindu rites and customs and out the wedlock one female child was born on 14.10.2016. The respondent/husband has instituted the above H.M.O.P.No.114 of 2024 seeking divorce.

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

¶5The petitioner has specifically pleaded that the petitioner has no independent source of income and cannot afford the recurring travel. It is further stated that travelling from Kundrathur to Neyveli, Cuddalore 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. Page3 of 5

¶8In the present case, considering the residence of the petitioner at Kundrathur, and the fact that the proceedings are in the stage of counter, this Court is of the 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.948 of 2025 is allowed. H.M.O.P. No.114 of 2024 on the file of the Sub Court, Neyveli, Cuddalore, is withdrawn and transferred to the file of the Sub Court, Kanchipuram. The Sub Court, Neyveli, Cuddalore, shall transmit the entire records to the Sub Court, Kanchipuram, within a period of three (3) weeks from the date of receipt of a copy of this order and the Sub Court, Kanchipuram, shall dispose of the matter in accordance with law, as expeditiously as possible, uninfluenced by any observations made in this order. Consequently, C.M.P. No.21503 of 2025 is closed. There shall be no order as to costs. 26-02-2026 Index: Yes/No Speaking/Non-speaking order DPQ Page4 of 5 To

¶1The Sub Court, Neiveli.

¶2The Sub Court, Kanchipuram. TRoCMPoNo.o948oofo2025 DR.A.D.MARIAoCLETEoJ. DPQ TRoCMPoNo.o948oofo2025 AND CMPoNO.o21503oOFo2025 26-02-2026 Page5oofo5

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 26-02-2026 CORAM THE HON'BLE DR. JUSTICE A.D.MARIA CLETE AND CMP NO. 21503 OF 2025 Thilagavathy ..Petitioner(s) Vs Sabarirajan ..Respondent(s) Prayer: This Transfer Civil Miscellaneous Petition is filed seeking to withdraw and transfer of the HMOP No.114 of 2024 from the Honble Court Sub Judge, Neyveli at Cuddalore District, to Honble Court Sub Court at Kanchipuram. For Petitioner(s): Mr.E.Angayarkanni For Respondent(s): No Appearance