The court emphasized the necessity of compelling reasons for transferring a divorce petition while considering the ongoing proceedings and the petitioner's circumstances.

ORDER

The petitioner/wife seeks transfer of petition for divorce filed by the respondent/husband in O.P.No.462 of 2021 from the file of Sub Court, Alandur to the file of Sub Court, Ambattur.

2. Heard the arguments of learned counsel appearing for the petitioner and the learned counsel appearing for the respondent.

3. According to the petitioner, she is residing at Korattur and Alandur is far away from her residence. The transfer application filed by the petitioner/wife was supported by the affidavit of her father. At the relevant point of time, the petitioner was in Special Central Prison for Women at Vellore and hence, she was not able to appear before the Sub Court, Alandur. The petitioner's father in his affidavit had stated that he was suffering from Parkinson disease and therefore, he found it very difficult to undertake travel to Alandur.

4. The transfer petition was resisted by the respondent by filing counter affidavit, wherein it was stated that the petitioner committed murder of respondent's mother and she was convicted for the offence under Section 302 of IPC and sentenced to life imprisonment. It is also stated that the petitioner was released on bail on 30.04.2025.

5. In such circumstances, the reason mentioned in the affidavit filed in support of the transfer petition cannot be pressed into service in view of the release of the petitioner. It is also seen from the counter affidavit that the divorce petition filed by the respondent/husband is in part-heard stage and the evidence of the petitioner therein was already over and the matter is posted for recording the evidence of respondent in the divorce petition namely the petitioner herein.

6. In such circumstances, the proceedings pending before the Sub Court, Alandur is likely to be over within a short period. The presence of the petitioner may be required only for cross examination. In view of the stated position, this Court is not inclined to entertain this transfer petition.

7. Accordingly, the Transfer Civil Miscellaneous Petition is dismissed. The Sub Court, Alandur, is directed to dispose of the original petition in O.P.No.462 of 2021 as expeditiously as possible. No costs.

Consequently, the connected civil miscellaneous petition is closed.