Selvi v. P.Kannan

ORDER

¶1Heard.

¶2This Transfer Civil Miscellaneous Petition is filed under Section 24 CPC seeking withdrawal of M.C. No.9 of 2019 pending on the file of the Judicial Magistrate, Sankarapuram, Kallakurichi District, and transfer of the same to the Family Court, Chennai.

¶3The marriage between the petitioner and the respondent was solemnized on 23rd January 2015 at the Arulmighu Devi Palliamman Temple, Villivakam, Chennai, as per Hindu rites and customs. Out of their wedlock, made child was born.

¶4The case of the petitioner is that the petitioner wife filed M.C.No.9 of 2019 before the Judicial Magistrate Court, Sankarapuram, Kallakurichi District. The petitioner is residing at Chennai and has to travel about 245 Kms for every hearing, which is causing undue hardship. The petitioner met with an accident on 25.01.2024 and she is not in a position to travel. Further the petitioner is the sole caregiver for the minor child. Page3 of 5

¶5In transfer petitions arising out of matrimonial proceedings, the convenience of the wife ordinarily deserves primacy. The petitioner has made a case of genuine hardship warranting transfer to enable effective participation in the proceeding.

¶6Having considered the submissions and the nature of the proceedings, and since the prayer is only to transfer the pending M.C. to the Family Court, this Court is of the view that the transfer sought can be ordered.

¶7In the result, Tr.C.M.P. No.1211 of 2024 is allowed. M.C.No.9 of 2019 on the file of the Judicial Magistrate, Sankarapuram is withdrawn and transferred to the Family Court, Chennai. The Judicial Magistrate, Sankarapuram shall transmit the entire records in M.C. No.9 of 2019 to the file of the Family Court, Chennai, within three weeks from the date of receipt of copy of this order and the Family Court, Chennai shall dispose of the matter in accordance with law, as expeditiously as possible, uninfluenced by any observations made in this order. There shall be no order as to costs. Interim stay granted by this Court on 21.11.2024 shall stand vacated. Consequently, C.M.P. No.26438 of 2024 is closed. 24-02-2026 Index: Yes/No Speaking/Non-speaking order MFA Page4 of 5 To

¶1Judicial Magistrate, Sankarapuram, Kallakurichi District

¶2Family Court, Chennai. TRoCMPoNo.o1211oofo2024 DR.A.D.MARIAoCLETE,oJ. MFA TRoCMPoNo.o1211oofo2024 and CMPoNo.26438oofo2024 24-02-2026 Page5oofo5

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24-02-2026 CORAM THE HON'BLE DR.JUSTICE A.D.MARIA CLETE and CMP No.26438 of 2024 1. Selvi W/o. P. Kannan, No.75, Middle Street, Anaimadu, Ellanpatti Post, Sankarapuram Taluk, Kallakurichi District. 2. Minor. K. Yaswin Rep by her mother Mrs. Selvi the 1st Petitioner, No.75, Middle Street, Anaimadu, Ellanpatti Post, Sankarapuram Taluk, Kallakurichi District. ..Petitioner(s) Vs P.Kannan S/o. Periya Sami, No.34A, Palar Street, Thirumalai Samuthirum, Pethanaiyakkanpalayam, Aathur, Salem Dt. ..Respondent(s) PRAYER IN TRCMP To withdraw and transfer the MC No.9 of 2019 pending before the court of the Judicial Magistrate, Sankarapuram, Kallakurichi District to Family Court, Chennai. PRAYER IN CMP To stay all further proceedings in the maintenance case No.9 of 2019 on the file of the Judicial Magistrate, Sankarapuram, Kallakurichi District. For Petitioner(s): M/s.R.Abirami For Respondent(s): M/s.R.Gururaj Page2 of 5