Vedavalli v. R. Raja Suresh

ORDER Heard.

¶2The present Transfer Civil Miscellaneous Petition has been filed by the wife seeking transfer of H.M.O.P. No.103 of 2025, pending on the file of the Family Court, Dindugal, to the Subordinate Court, Tiruvarur.

¶3The marriage between the petitioner and the respondent was solemnized Page2 of 4 on 12.07.2000 according to Hindu rites and customs. The respondent/husband has instituted the above H.M.O.P.103 of 2025 seeking divorce.

¶4The case of the petitioner is that after marriage, due to matrimonial discord, she is residing with her children at Thiruvarur. It is further stated that she has to travel about 220 kilometres from Thiruvarur to Dindugal Court for every posting, which is causing undue hardship.

¶5The petitioner has specifically pleaded that travelling from Thiruvarur to Dindugal for every hearing causes extreme physical and mental hardship and is unable to travel independently.

¶6The respondent has also expressed no objection for transfer of HMOP. No.103 of 2025 from the file of the Family Court, Dindugal, to the Subordinate Court, Tiruvarur.

¶7In transfer petitions arising out of matrimonial proceedings, the paramount consideration is to ensure that access to justice is not rendered illusory and that the proceedings are conducted in a manner which is fair and convenient, particularly when the wife is required to attend Court. Recording the no objection expressed by the respondent and having regard to the pleaded circumstances of the petitioner and the stated travel hardship, this Court is of the Page3 of 4 view that the ends of justice would be served by ordering transfer as sought.

¶8Accordingly, Tr.C.M.P. No.1077 of 2025 is allowed. H.M.O.P. No.103 of 2025 on the file of the Family Court, Dindugal is withdrawn and transferred to the file of the Subordinate Court, Tiruvarur. The Family Court, Dindugal, shall transmit the entire records to the Subordinate Court Tiruvarur, within three (3) weeks from the date of receipt of this order and the Subordinate Court, Tiruvarur 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.24192 of 2025 is closed. There shall be no order as to costs. 25-02-2026 Index: Yes/No Speaking/Non-speaking order JAI To

¶1The Family Court, Dindugal.

¶2The Subordinate Court, Tiruvarur. Page4 of 4

DR.A.D.MARIA CLETE, J. JAI TR CMP No. 946 of 2024 25-02-2026

Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25-02-2026 CORAM THE HON'BLE DR.JUSTICE A.D.MARIA CLETE in CMP.No.24192 of 2025 Vedavalli ..Petitioner(s) Vs R.Raja Suresh ..Respondent(s) Prayer: This Transfer Civil Miscellaneous Petition is filed seeking to withdraw the case in HMOP.No.103 of 2025 pending on the file of the Hon'ble Family Court, at Dindugal and transfer the same to the Hon'ble Subordinate Court, Tiruvarur. (Note: The prayer has been amended vide order dated 25.02.2026 passed by this Court in CMP.No.5228 of 2026) For Petitioner(s): Mr.T.K.S.Gandhi For Respondent(s): M/s. K.Venkateswaran