S. Rubini v. G.Vijayakumar

ORDER Heard .

¶2The present Transfer Civil Miscellaneous Petition has been filed by the petitioner/wife seeking withdrawal of H.M.O.P.No.926/2025 from the file of the Family Court Judge, Coimbatore and to transfer the same to the file of the Sub Court, Ambattur.

¶3The petitioner is the wife. The marriage is stated to have been solemnised on 27.01.2019 at Shri Palani AndavarThirukoil, Kunniyamuthur, Coimbatore. The respondent/husband has filed H.M.O.P.No.926 of 2025 seeking divorce. The case is stated to be in counter stage. The petitioner states that she is residing atAvadi, Chennai, along with the minor child, and she is also maintaining her physically disabled father. She further pleads that it is extremely difficult for her to travel from Chennai to Coimbatore for every hearing, leaving the minor child and disabled father, and that she is not financially stable to meet repeated travel expenses.

¶4Today, when the matter is taken up for hearing, there is no representation for the respondent.

¶5In transfer petitions relating to matrimonial proceedings, the Court must balance convenience and hardship. When the wife is residing away from the place where the proceeding is instituted and she has the responsibility of a minor child and dependent/ailing parent, compelling her to undertake long-distance travel for each hearing would cause undue hardship. On the otherhand, no serious or irreparable prejudice is shown to be caused to the respondent if the case is transferred.

¶6Considering the submissions, this Court is of the view that the transfer sought deserves to be ordered.

¶7Accordingly, Tr.C.M.P. No.1161 of 2025 is allowed. H.M.O.P. No.926 of 2025 on the file of the Family Court, Coimbatore, is withdrawn and transferred to the file of the Sub Court, Ambattur. The Family Court, Coimbatore, shall transmit the entire records to the Sub Court, Ambattur, within three (3) weeks from the date of receipt of this order and the Sub Court, Ambattur 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 30.10.2025 shall stand vacated and C.M.P. No.26104 of 2025 is closed. There shall be no order as to costs.

03.02.2026 jv/mfa Index: Yes / No Speaking Order / Non-speaking Order To

¶1The Family Judge, Coimbatore.

¶2The Sub Judge, Ambattur. Tr.C.M.P.No.1161oofo2025ooo DR.oA.D.oMARIAoCLETE,oJ jv/mfa Tr.C.M.P.oNo.1161oofo2025 & C.M.P.oNo.26104oofo2025

03.02.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 03.02.2026 CORAM: THE HONOURABLE DR. JUSTICE A.D. MARIA CLETE Tr.C.M.P. No.1161 of 2025 & C.M.P. No.26104 of 2025 Mrs. S.Rubini W/O. G.Vijayakumar, D/o .Sachindananda Rao, Previously at D. No.7/3, Radhakrishna Street, Nandivaram, Mettur, Avadi, Chennai - 600071, Trivallur District, Now residing at No.32, Kishore Street, Kovilpithagai, Avadi, Chennai - 600054. … Petitioner -Versus- G.Vijayakumar S/O. Late Gopalakrishnan Rao, No.24A, Manikandan Nagar, Edayarpalayam Pirivu, Kunniyamuthur, Coimbatore South, Coimbatore - 641008. … Respondent Prayer in Tr.C.M.P. No.1161 of 2025: Transfer Petition filed under Section 24 of C.P.C., to withdraw the above H.M.O.P.No.926/2025 from the file of the Family Court Judge, Coimbatore and to transfer the same to the file of the Sub Court, Ambattur. Prayer in C.M.P.26104 No. of 2025: Petition seeking to stay all further proceedings in HMOP No.926 of 2025 on the file of the Family Court Judge, Coimbatore, pending disposal of the Transfer C.M.P. For Petitioner : Mr.M.Jayashree, Advocate For Respondent : No appearance