Agalya v. Sathiyaseelan

Order Heard.

¶2This Transfer Civil Miscellaneous Petition is filed to withdraw H.M.O.P. No.120 of 2025 pending on the file of the Family Court, Krishnagiri and to transfer the same to the file of the Family Court, Dharmapuri.

¶3The petitioner is the wife and the respondent is the husband. The marriage between the parties was solemnized on 04.06.2018 at, Kaveripattinam, Krishnagiri District, as per Hindu rites and customs. It is stated that through the wedlock, two children were born and they are now studying.

¶4The respondent/husband has filed H.M.O.P. No.120 of 2025 on the file of the Family Court, Krishnagiri, seeking restitution of conjugal rights under Section 9 of the Hindu Marriage Act.

¶5The learned counsel for the petitioner would submit that the petitioner is residing at Dharmapuri along with the two children, who are studying at Dharmapuri, and that it would be difficult for the petitioner to travel to Page3 of 5 Krishnagiri for each and every hearing. Hence, transfer is sought to Dharmapuri.

¶6Per contra, the learned counsel for the respondent strongly objected and vehemently opposed the transfer.

¶7This Court has considered the rival submissions. In matrimonial matters, the convenience of the wife, particularly when she is residing with minor children and has to attend to their day-to-day needs and schooling, is a relevant and weighty consideration.

¶8In the present case, the petitioner is residing at Dharmapuri with the chil-dren, and the hardship pleaded in attending proceedings at Krishnagiri cannot be lightly brushed aside. Transfer to Dharmapuri would facilitate effective participation in the proceedings and would subserve the ends of justice. The objection of the respondent, in the facts of the case, is not sufficient to deny transfer.Accordingly, the Transfer Civil Miscellaneous Petition deserves to be allowed. Page4 of 5

¶9Accordingly, Tr.C.M.P. No.1337 of 2025 is allowed. H.M.O.P. No.120 of 2025 on the file of the Family Court, Krishnagiri, is withdrawn and trans-ferred to the file of the Family Court, Dharmapuri. The Family Court, Krishnagiri, shall transmit the entire records to the Family Court, Dharmapuri, within three (3) weeks from the date of receipt of this order and the Family Court, Dharmapuri shall dispose of the matter in accord-ance with law, as expeditiously as possible, uninfluenced by any observa-tions made in this order. C.M.P. No.30937 of 2025 is closed. There shall be no order as to costs. 06-02-2026 Index: Yes/No Speaking/Non-speaking order SHL To

¶1The Family Court, Krishnagiri District

¶2The Family Court, Dharmapuri, Dharmapuri District. TRoCMPoNo.o1337oofo2025 DR.A.D.MARIAoCLETEoJ. SHL TRoCMPoNo.o1337oofo2025 AND CMPoNO.o30937oOFo2025 06-02-2026 Page5oofo5

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06-02-2026 CORAM THE HON'BLE DR.JUSTICE A.D.MARIA CLETE and CMP No. 30937 of 2025 Agalya ..Petitioner Vs Sathiyaseelan ..Respondent Prayer in TR CMP No. 1337 of 2025:Petition filed under section 24 of CPC to withdraw and transfer the restation of conjugal rights petition in H.M.O.P.No.120/2025 pending before the Learned Family Court, Krishnagiri District to the Learned Family Court, Dharmapuri, Dharmapuri District. Prayer in CMP No. 30937 of 2025: Petition to stay all further proceeding in H.M.O.P.No.120/2025 pending before the Learned Family Court, Krishnagiri, Krishnagiri District pending disposal of the transfer petition. For Petitioner: Mr.E.Kannadasan For Respondent: Ms.N.Sureka Page2 of 5