S.Sowndarya v. S.Elavarasan

Order Heard.

¶2This Transfer Civil Miscellaneous Petition is filed by the petitioner/wife seeking withdrawal of HMOP No.23/2004 from the file of the III Additional Sub -ordinate Court, Salem and to transfer the same to the file of the Family Court, Namakkal.

¶3The petitioner is the wife. The respondent is the husband. The marriage between the parties was solemnized on 04.11.2022 at Sri Thandthonreeswarar Thirukovil, Belur, Valappady Taluk, Salem District as per Hindu rites and rituals. It is stated that there are no children out of their wedlock.

¶4The petitioner/wife filed a maintenance petition in M.C. No. 27 of 2025 before the Family Court, Namakkal. Further, the petitioner has also filed DVC No.21 of 2025 before the Additional Mahila Court, Namakkal on the grounds of cruelty. The respondent husband filed H.M.O.P. No. 23 of 2024 seeking dissolution of marriage on the file of the III Additional Subordinate Page3 of 5 Court, Salem.

¶5It is the case of the petitioner/wife is that she is residing at Namakkal along with widowed mother. She has no proper earnings to meet out travel expenses. It is extremely difficult for her to travel long distance from Namakkal to Salem for every hearing particularly, when she cannot travel alone and her widowed mother is unable to accompany her owing to age and further the travel expenditure would cause hardship.

¶6In matrimonial proceedings, the convenience of the wife and the pendency of the connected proceedings at the place where the wife resides are relevant considerations while exercising power under Section 24 C.P.C. In the present case, the petitioner is stated to be residing at Namakkal and the petitions filed by the petitioner are pending at Namakkal. Having regard to the difficulty pleaded by the petitioner, this Court is of the view that the ends of justice would be met by allowing this transfer petition.

¶7Accordingly Tr.C.M.P.No.1084 of 2025is allowed. HMOP No.23/2004 from the file of the III Additional Subordinate Court, Salem is withdrawn and transferred to the file of the Family Court, Namakkal. The III Additional Subordinate Court, Salem shall transmit the entire records to the Family Court, Namakkal within three weeks from the date of receipt of a copy of this order Page4 of 5 and the Family Court Namakal shall dispose of the matter in accordance with law as expeditiously possible, uninfluenced by any observations made in this order. Consequently, connected CMP NO. 24289 of 2025 is closed. There shall be no order as to costs. 05-02-2026 Index: Yes/No Speaking/Non-speaking order SHL To

¶1The III Additional Sub -ordinate Court, Salem

¶2The Family Court , Namakkal. TRoCMPoNo.o1084oofo2025 DR.A.D.MARIAoCLETEoJ. SHL TRoCMPoNo.o1084oofo2025 AND CMPoNO.o24289oOFo2025 05-02-2026 Page5oofo5

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 05-02-2026 CORAM THE HON'BLE DR.JUSTICE A.D.MARIA CLETE and CMP NO. 24289 of 2025 S.Sowndarya ..Petitioner Vs S.Elavarasan ..Respondent Prayer in TR CMP No. 1084 of 2025: Petition filed under section 24 of CPC to withdraw and transfer HMOP No.23/2004 on the file of the III Additional Sub -ordinate Court, Salem and to transfer the file of the Family Court , Namakkal. Prayer in CMP No. 24289 of 2025: Petition to grant stay all further proceedings in the HMOP No.23/2024 on the file of the III Additional Subordinate Judge, Salem pending disposal of the above Transfer petition. For Petitioner: Mr.G.K.Premkumar For Respondent: Mr.A.Lakshminarasimhan Page2 of 5