Sasikala v. T. Sasikumar

ORDER Heard.

¶2This Transfer Civil Miscellaneous Petition is filed by wife under Section 24 of the Code of Civil Procedure seeking withdrawal of H.M.O.P. No.2926 of 2025 pending on the file of the VII Additional Family Court, Chennai and transfer of the same to the Family Court, Tiruppur District.

¶3The marriage between the petitioner and the respondent was solemnized on 04.06.2017. The respondent/husband has filed the divorce petition in H.M.O.P. No.2926 of 2025 at Chennai. The petitioner/wife has already instituted a petition for restitution of conjugal rights at Tiruppur in H.M.O.P. No.29 of 2023.

¶4The petitioner/wife is stated to be residing at Tiruppur and seeks transfer on the ground of hardship and convenience.

¶5In matrimonial transfer petitions, the Court is guided by the balance of convenience, and the convenience of the wife is a relevant consideration. Further, when connected proceedings between the same parties are pending in different Courts, it is appropriate to have them tried before one forum to avoid multiplicity and inconsistent orders.

¶6Having regard to the residence of the petitioner/wife at Tiruppur and the overall balance of convenience being in her favour, the petition deserves to be allowed.

¶7Accordingly, Tr.C.M.P. No.909 of 2025 is allowed. The proceedings in H.M.O.P. No.2926 of 2025 pending before the VII Additional Family Court, Chennai are withdrawn and transferred to the file of the Family Court, Tiruppur District, The VII Additional Family Court, Chennai, shall transmit the entire records to the Family Court, Tiruppur District, within three (3) weeks from the date of receipt of this order and the Family Court, Tiruppur District, 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 25.08.2025 shall stand vacated and C.M.P. No.20812 of 2025 is closed. There shall be no order as to costs.

27.01.2026 Index:Yes/No Internet:Yes dsn DR. A.D.MARIA CLETE dsn To

¶1The VII Additional Family Court, Chennai.

¶2The Family Court, Tiruppur District. TR CMP No.909 of 2025 and CMP No.20812 of 2025

27.01.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27-01-2026 CORAM THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE TR CMP No. 909 of 2025 and CMP No.20812 of 2025 Mrs.Sasikala ...Petitioner(s) Vs. Mr.T.Sasikumar ...Respondent(s) Prayer in Tr.CMP No.909 of 2025: Transfer Civil Miscellaneous Petition is filed under Section 24 of Code of Civil Procedure, pleased to withdraw the H.M.O.P.No.2926 of 2025 on the file of the VII Additional Family Court, Chennai and transfer the same to the Family Court, Tiruppur District and thus render justice. Prayer in CMP No.20812 of 2025: Petition filed under Section 151 of Code of Civil Procedure, pleased to stay all further proceedings in H.M.O.P.No.2926 of 2025 on the file of the VII Additional Family Court, Chennai pending disposal of the above Transfer Civil Miscellaneous Petition. For Petitioner(s) : Mr.A.Saravanan. For Respondent(s) : Ms.G.Janani.