IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.01.2026

CORAM

THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE

and

CMP.No.30827 of 2025

T.Manoja ...Petitioner

Vs

N.Gowthaman ...Respondent

Prayer in Tr.CMP.No.1334 of 2025: Petition filed under Section 24 of C.P.C., to withdraw and transfer the H.M.O.P.No.43 of 2023 from the file of the Sub

Court, Pollachi, to the Family Court, Chennai.

Prayer in CMP No.30827 of 2025: Petition filed under Section 151 of C.P.C., to stay the all further proceedings in H.M.O.P.No.43 of 2023 on the file of the Sub Court, Pollachi, pending disposal of the Transfer Civil Miscellaneous

Petition.

For Petitioner : Mr.K.Rishi Thiruvengadam

For Respondent : Mr.R.Susenphiram

ORDER

Heard.

2. This Transfer Civil Miscellaneous Petition is filed by the wife under Section 24 of the Code of Civil Procedure to withdraw H.M.O.P.No.43 of 2023 (filed by respondent/husband for divorce) pending on the file of the Subordinate Court, Pollachi, and to transfer the same to the Family Court, Chennai.

3. The marriage between the parties was solemnized on 05.06.2017 and out of the wedlock a female child was born on 02.08.2020. The case of the petitioner is that she is residing at Chennai with the minor child and she has to take care of the child. She has also stated that she is unemployed/housewife and has no independent source of income. It is further stated that she has filed an application for interim maintenance in the matrimonial proceedings and the same is pending.

4. The petitioner has specifically pleaded that Pollachi is about 560 kms away from Chennai, that it involves a long journey and that it would be extremely difficult for her to travel and attend the proceedings along with the child, without assistance. She has also stated that the respondent is working and residing at Bangalore, and not within the jurisdiction of the Court at Pollachi.

5. In transfer petitions arising out of matrimonial disputes, the consistent view is that the convenience of the wife, particularly when she has the custody of a minor child and is without independent income, deserves due weight. In the case on hand, the petitioner is stated to be residing at Chennai with the minor daughter and the travel to Pollachi is shown to be onerous. On the other hand, no serious prejudice is shown to be caused to the respondent if the matter is tried by the Family Court at Chennai.

6. In such circumstances, this Court is of the view that ends of justice would be met by allowing the transfer. Accordingly, Tr.C.M.P.No.1334 of 2025 is allowed. H.M.O.P.No.43 of 2023 on the file of the Subordinate Court, Pollachi, is withdrawn and transferred to the file of the Family Court, Chennai. The Subordinate Court, Pollachi, shall transmit the entire records to the Family Court, Chennai, within three (3) weeks from the date of receipt of this order and the Family Court, Chennai, shall dispose of the matter in accordance with law, as expeditiously as possible, uninfluenced by any observations made in this order and C.M.P.No.30827 of 2025 is closed. There shall be no order as to costs.

09.01.2026 dpq Index:Yes/No Neutral Citation:Yes/No Internet:Yes To

1.The Sub Court, Pollachi, 2.The Family Court, Chennai.

DR. A.D.MARIA CLETE, J dpq and CMP.No.30827 of 2025

09.01.2026