N. Divya Priya v. A. Nandha Kumar

ORDER Heard the learned counsel for the petitioner.

¶2Despite the receipt of notice, the respondent's name having been printed in the cause list, respondent neither appeared nor entered appearance through his counsel. Page2 of 4

¶3The petitioner, who is the respondent / wife in H.M.O.P.No.69 of 2025 on the file of the Principal Subordinate Court, Chengalpattu which is filed for divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955, has filed this Transfer Civil Miscellaneous Petition seeking to transfer the said H.M.O.P. to the file of Subordinate Court, Thiruvottiyur, Tiruvallur District by stating that she is not in a position to travel from Tiruvottiyur to Chengalpattu.

¶4Reiterating the said contention, the learned counsel for the petitioner would further add that she is living in her parents' home along with her two and half years old child at Thiruvottiyur and she finds it difficult to travel from Thiruvottityur to Chengalpattu for all the hearing dates.

¶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. 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 Page3 of 4 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.69 of 2025, it appears that petitioner/husband is the resident of Thirukazhakundram, Chengalpattu District and the respondent/wife is resident of Thiruvottiyur, Tiruvallur District.

¶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.69 of 2025 pending on the file of the Principal Subordinate Court, Chengalpattu is withdrawn and transferred to the file of the Subordinate Thiruvottiyur, Tiruvallur District. The Subordinate Court, Thiruvottityur 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. 27-03-2026 Index: Yes/No Speaking/Non-speaking order KKD Page4 of 4

R.KALAIMATHI, J. KKD To

¶1The Principal Subordinate Court, Chengalpattu.

¶2The Subordinate Thiruvottiyur, Tiruvallur District. AND CMP NO. 3105 OF 2026 27-03-2026

Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27-03-2026 CORAM THE HON'BLE MRS.JUSTICE R. KALAIMATHI AND CMP NO. 3105 OF 2026 N. Divya Priya ..Petitioner(s) Vs. A.Nandha Kumar .. Respondent Prayer : This Transfer Civil Miscellaneous Petition is filed under Section 24 of C.P.C. 1908, to withdraw the Petition in H.M.O.P No. 69/2025 pending on the file of Principal Subordinate Court,Chengalpet and to Transfer the same to the file of Subordinate Court, Thiruvottiyur, Tiruvallur District . For Petitioner(s) : Mr.V.P.Sheeba For Respondent(s): No Appearance