Kowsalya.R v. V.Sathishkumar

Order Heard.

¶2This Transfer Civil Miscellaneous Petition has been filed by the petitioner/wife under Section 24 of the Code of Civil Procedure seeking withdraw HMOP.No.13 of 2023 pending on the file of the Sub Court, Alandur and transfer of the same to the file of the Family Court, Nagapattinam.

3.The marriage between the petitioner and the respondent was solemnized on

14.09.2020 at Melakottaivasal road, Nagapattinam Village, Nagapattinam as per Hindu Rites and Customs. Out of their wedlock, one female children was born Page3 of 5 to them.

4.The petitioner is the wife. She states that she is residing at Nagapattinam with parents and that Nagapattinam about 600 kms away from Alandur, and therefore it is extremely difficult for her to travel and prosecute the proceedings at Alandur which has been filed by the respondent/husband for restitution of conjugal rights.

5.In transfer petitions arising out of matrimonial and allied proceedings, the paramount consideration is the ends of justice and the comparative hardship. When the wife is residing within the jurisdiction of the proposed transferee Court and she is required to travel a long distance to attend every hearing, the Court ordinarily leans in favour of her convenience, particularly when no serious prejudice is shown to be caused to the respondent.

6.In the case on hand, having regard to the petitioner's place of residence at Nagapattinam and the long distance involved, this Court is satisfied that the transfer sought deserves to be allowed, to avoid hardship and to facilitate effective adjudication. Page4 of 5

7.

Accordingly,

Tr.C.M.P.1206

of

2023

is

allowed. HMOP. No.13 of 2023 on the file of the Sub Court, Alandur is withdrawn and transferred to the file of the Family Court, Nagapattinam. The Sub Court, Alandur, shall transmit the entire records to the Family Court, Nagapattinam, within three (3) weeks from the date of receipt of this order and the Family Court, Nagapattinam shall dispose of the matter in accordance with law, as expeditiously as possible, uninfluenced by any observations made in this order. Consequently, connected miscellaneous petition is also closed. There shall be no order as to costs. 26-02-2026 Index: Yes/No Speaking/Non-speaking order dpq To

1.The Sub Court, Alandur

¶2The Family Court, Nagapattinam. TRoCMPoNo.o1206oofo2023 DR.A.D.MARIAoCLETEoJ. dpq TRoCMPoNo.o1206oofo2023 AND CMPoNO.o28864oOFo2023 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. 28864 OF 2023 Kowsalya.R W/o.Sathishkumar V., D/o.S.Ravi, NO.10, Melakottaivasal Road, Near Military Canteen, Ambika Tea Stall, Nagapattinam-611001 ..Petitioner(s) Vs V.Sathishkumar S/o.S.Velayutham, No.2/174, 2/172, Bismi Street, Pozhichalur, Chennai-600074 ..Respondent(s) CMP No. 28864 of 2023 Kowsalya.R W/o.Sathishkumar V., D/o.S.Ravi, NO.10, Melakottaivasal Road, Near Military Canteen, Ambika Tea Stall, Nagapattinam-611001 ..Appellant(s) Vs V.Sathishkumar S/o.S.Velayutham, No.2/174, 2/172, Bismi Street, Pozhichalur, Chennai-600074 ..Respondent(s) Page2 of 5 To withdraw the HMOP No.13/2023 pending on the file of Sub Court at Alandur and transfer the same to Family Court, Nagapattinam CMP No. 28864 of 2023 To stay all further proceedings in HMOP No.13/2023 pending on the file of Sub Court at Alandur pending disposal of the Tr.CMP For Petitioner(s): Swamisubramanian For Respondent(s): No appearance