B. Meenakshi v. S. Dillibabu

ORDER

¶1Heard.

¶2The petitioner is the wife. The respondent is the husband. This petition is filed by wife under Section 24 of the Code of Civil Procedure to withdraw H.M.O.P. No.75 of 2025 pending on the file of the Subordinate Court, Tiruttani, and transfer the same to the Family Court, Chennai.

¶3Marriage between the parties was solemnised on 28.01.2021 at Tiruttani as per Hindu rites and customs. It is stated that no child was born out of the wedlock. The respondent has filed H.M.O.P. No.75 of 2025 before the Subordinate Court, Tiruttani, seeking dissolution of marriage.

¶4The petitioner states that she is presently residing at Kodungaiyur, Chennai and she is a practising junior advocate in the Madras High Court. She would be put to grave hardship if she is compelled to travel to Tiruttani for each and every hearing. She has also pleaded difficulty in travelling alone and the absence of any person to accompany her. It is further stated that the respondent is employed in and around Chennai, and therefore, attending proceedings at Chennai would not cause any comparable hardship to him.

¶5This Court has considered the averments and the materials placed. In transfer petitions arising out of matrimonial proceedings, the consistent judicial approach is that the convenience of the wife deserves predominant consideration, particularly when she demonstrates genuine difficulty in undertaking long-distance travel and when no serious prejudice is shown to the other side.

¶6In the case on hand, the petitioner has specifically pleaded her residence at Chennai, professional engagement at this Court, and the travel hardship in attending proceedings at Tiruttani. The place to which transfer is sought is Family Court, Chennai, which is a competent forum. In the facts and circumstances, this Court is satisfied that the ends of justice would be met by ordering transfer of the matrimonial proceedings to Chennai.Accordingly, the Transfer Civil Miscellaneous Petition deserves to be allowed.

¶7Accordingly,

Tr.C.M.P.

No.1154

of

2025

is

allowed. H.M.O.P. No.75 of 2025 on the file of the Subordinate Court, Tiruttani, is withdrawn and transferred to the file of the Family Court, Chennai. The Subordinate Court, Tiruttani, shall transmit the entire records to the Family Court, Chennai, within three (3) weeks from the date of receipt 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. Interim stay granted by this Court on

29.10.2025 shall stand vacated and C.M.P. No.26000 of 2025 is closed. There shall be no order as to costs.

23.01.2026 mfa To

¶1Subordinate Court, Tiruttani

¶2Family Court, Chennai Tr.C.M.P.No.1154oofo2025oooooo DR.oA.D.oMARIAoCLETE,oJ mfa Tr.C.M.P.oNo.1154oofo2025 and C.M.P.oNo.26000oofo2025

23.01.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 23.01.2026 CORAM: THE HONOURABLE DR.JUSTICE A.D. MARIA CLETE Tr.C.M.P. No.1154 of 2025 and C.M.P. No.26000 of 2025 B. Meenakshi W/o. S. Dillibabu, D/o. J. Babuji, No.13, Kurinji Street, Devarajan Nagar, Sekkadu, Avadi, Chennai – 600 071. Now residing at No.7/142, 172nd Street, Muthamil Nagar, Kodungaiyur, Chennai – 600 118. … Petitioner -versus- S. Dillibabu S/o. Munirathinam, K.G. Kandigai Village and Post, Tiruttani Taluk, Tiruvallur District. … Respondent Prayer in Tr.C.M.P. No.1154 of 2025: Petition filed under Section 24 of the Code of Civil Procedure to withdraw H.M.O.P. No.75 of 2025 pending on the file of the Subordinate Court, Tiruttani, and transfer the same to the Family Court, Chennai. Prayer in C.M.P. No.26000 of 2025: Petition for interim stay of all further proceedings in H.M.O.P. No.75 of 2025 pending disposal of the Transfer Civil Miscellaneous Petition. For Petitioner : Mr.K.Ganesh For Respondent : No appearance