G.Obethsekaran v. Stellamary

Order Heard.

¶2This Transfer Civil Miscellaneous Petition is filed by the husband to withdraw I.D.O.P. No.173 of 2023 pending on the file of the Principal District and Sessions Judge, Cuddalore, and to transfer the same to the file of the Principal District and Sessions Judge, Villupuram.

¶3The learned counsel for the petitioner submitted that the petitioner is re-siding at his permanent address at Thittakudi, and that the original pro-ceedings are pending at Cuddalore. It is submitted that the petitioner has responsibilities in his work schedule around Villupuram and therefore, it will be easier for him to travel to Villupuram and attend the case. It is fur-ther submitted that between Cuddalore – Thittakudi and Cuddalore – Villupuram, the distance is more or less the same.

¶4Per contra, the learned counsel for the respondent submitted that the re-spondent/wife is residing at Dharmapuri with two children and she is al-ready travelling to Cuddalore to attend the restitution proceedings filed by the husband. In such circumstances, to ask the wife to travel again to the Court chosen by the petitioner at Villupuram would be unreasonable. It is also submitted that maintenance proceedings have been initiated and Also Page3 of 5 that it is alleged that the petitioner husband has married and living with another person at Thitakudi. ; be that as it may, it is pointed out that the case is at the stage of evidence and therefore, transfer at this stage is un-warranted.

¶5This Court has considered the rival submissions. The power under Sec-tion 24(1) C.P.C. is discretionary and is to be exercised to secure the ends of justice and to avoid undue hardship. In the facts of the present case, the respondent/wife is stated to be already attending the proceedings at Cud-dalore, and the matter is stated to be at the stage of evidence. In such cir-cumstances, this Court is not convinced that the balance of convenience lies in favour of the petitioner so as to order transfer at this stage, espe-cially when the transfer sought would result in further travel burden on the respondent.

¶6With the above observations, the Transfer Civil Miscellaneous Petition is liable to be dismissed. Tr.C.M.P. No.1398 of 2025 is dismissed. Con-sequently, C.M.P. No.32636 of 2025 is closed. There shall be no order as to costs. 06-02-2026 Index: Yes/No Speaking/Non-speaking order SHL Page4 of 5 To

¶1The Principal District and Sessions Judge, Cuddalore

¶2The Principal District and Sessions Judge at Villupuram. TRoCMPoNo.o1398oofo2025 DR.A.D.MARIAoCLETEoJ. SHL TRoCMPoNo.o1398oofo2025 and CMPoNO.o32636oofo2025 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. 32636 of 2025 G.Obethsekaran ..Petitioner Vs Stellamary ..Respondent Prayer in TR CMP No. 1398 of 2025:Petition filed under section 24 of CPC to withdraw the said petition in I.D.O.P.No.173 of 2023 on the file of Principal District and Sessions Judge, Cuddalore and transfer the same to the court of Principal District and Sessions Judge at Villupuram. Prayer in CMP No. 32636 of 2025:Petition to grant an order of ad-interim stay of all further proceedings in I.D.O.P.No.173 of 2023 on the file of principal District and Sessions Judge, Cuddalore (and the next hearing date is 23.01.2026) pending disposal of the main Transfer Civil Miscellaneous Petition. For Petitioner(s): Mr.K.Ravi Kumar For Respondent(s): Mr.N.U.Pressanna Page2 of 5