J.Sumathi v. B.Jagannathan

ORDER Heard the learned counsel for the petitioner.

¶2The petitioner who is the respondent / wife in H.M.O.P.No.435 of 2024 on the file of Subordinate Court, Poonamallee has filed this Transfer Civil Miscellaneous Petition seeking to transfer the said H.M.O.P., to the Subordinate Court, Ranipet by stating that she is not in a position to travel to Poonamallee from Walajapet.

¶3Reiterating the said contention, the learned counsel for the petitioner would further add that she has got one minor child and she finds it difficult to travel from Walajapet , Ranipet District to Poonamallee for all the hearing dates.

¶4Despite the receipt of notice, the respondent neither appeared before this Court nor entered appearance through his counsel.

¶5The principles regarding transfer petitions, more specifically in the matters of matrimonial cases are well settled by the Hon'ble Supreme Court in the following cases:- "i. In AIR 2000 SC 3512 (1) (Mona Aresh Goel vs. Page3 of 5 Aresh Satya Goel), when the wife pleaded that she was unable to bear the traveling expenses and even to travel alone and stay at Bombay, the Supreme Court ordered transfer of proceedings. ii. In 2000 (10) SCC 304 (Geeta Heera Vs. Harish Chander Heera), the Hon'ble Supreme Court has held that where the petitioner's wife has pleaded lack of money, the same has to be considered. Iii. In Lalita A. Ranga Vs. Ajay Champalal Ranja reported in (2009) 9 SCC 355 , wherein the wife, who was having small child and she was finding it difficult to travel from Jaipur to Bombay, and the Hon'ble Apex Court accepting her request ordered the transfer petition in favour of the wife transferring the transfer petition from Family Court at Bandra in Mumbai to the Family Court at Jaipur."

¶6On perusal of petition filed in H.M.O.P.No.435 of 2024, it appears that petitioner/husband is the resident of Thiruvallur District (Poonamallee) and the respondent/wife is the resident of Ranipet District (Vepoor Village).

¶7In consideration of the above said details, the request of the petitioner herein / wife appears to be based on justifiable cause and accordingly, this Transfer Civil Miscellaneous Petition is allowed. Sequel to this, H.M.O.P.No.435 of 2024 pending on the file of the Subordinate Court, Poonamallee is withdrawn and transferred to the file of the Subordinate Court Page4 of 5 at Ranipet. The Subordinate Court, Ranipet on receipt of the records to try and dispose of the matter in accordance with law at the earliest. No Costs. Consequently, connected Civil Miscellaneous Petition is closed. 11-03-2026 Index: Yes/No Speaking/Non-speaking order MAC To

¶1The Subordinate Court, Poonamallee

¶2The Subordinate Court, Ranipet TReCMPeNo.e15eofe2026 R.KALAIMATHI,eJ. MAC TReCMPeNo.e15eofe2026 11-03-2026 Page5oofo5

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 11-03-2026 CORAM THE HON'BLE MRS.JUSTICE R. KALAIMATHI and C.M.P.No.517 of 2026 J.Sumathi W/o. B.Jagannathan, D/o. G.Subramanian, No.2/239, 1st Street, K.K.Nagar, Vepoor Village, Walajapet Taluk, Ranipet District. ..Petitioner(s) Vs. B.Jagannathan S/o. V.Balasndaram, No. 4D, VGN Nest Apartment, 2nd Main Road, VGN Mahalakshmi Nagar, Perumalagam, Thiruverkadu, Poonamallee Taluk, Thiruvallur District. ..Respondent(s) Prayer: Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, to withdraw the case in HMOP.No. 435 of 2024 on the file of the Subordinate Judge, at Poonamallee, Thiruvallur District and transfer the same to the Subordinate Judge at Ranipet, Ranipet District. For Petitioner(s) : Mr.M.Sathish Kumar For Respondent(s): No Appearance Page2 of 5