IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Dr.Justice A.D.MARIA CLETE
Suresh @ Suresh David – Appellant
Versus
Anusuya Devi – Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 12.01.2026 CORAM THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and CMP No.16756 of 2025 Suresh @ Suresh David ... Petitioner Vs Anusuya Devi ... Respondent PRAYER inTr.C.M.P:
This Transfer Miscellaneous Petition is filed under Section 24 C.P.C., to withdraw and transfer the IDOP No.83 of 2022 on the file of the Family Court, Villupuram to the file of the Family Court, Cudddalore to be tried along with IDOP No.324 of 2022.
PRAYER in C.M.P:
To stay all further proceedings in IDOP No.324 of 2022 on the file of the Family Court, Cuddalore.
For Petitioner : Mr.S.Veeraraghavan For Respondent : Mr.I.Abrar Mohamed Abdullah
O R D E R
Heard.
2. The present Transfer Civil Miscellaneous Petition is filed by the petitioner/husband seeking withdrawal of IDOP No.83 of 2022 on the file of the Family Court, Villupuram to the file of the Family Court, Cudddalore to be tried along with IDOP No.324 of 2022.
3. The case of the petitioner/husband is that marriage between the petitioner and respondent was solemnized on 07.06.2007 as per Christian rites and customs at St.James Church at Pondi road, Villupuram. They have two male children out of their wedlock. Due to matrimonial dispute, the petitioner/husband filed IDOP No.83 of 2022, seeking divorce, before the Family Court, Villupuram. The respondent/wife has also filed IDOP No.324 of 2022 seeking restitution of conjugal rights before the Family Court, Cuddalore. Further, the respondent/wife has also filed DVAC No.14 of 2022 before the Additional Mahila Court, Cuddalore and the same is pending.
4. The petitioner would further states that he is presently employed at Mumbai and he is compelled to travel for each hearing which would incur substantial expenditure and further he has to take leave from office for attending the Court.
5. The learned counsel for the respondent has not raised any serious objection in allowing this transfer miscellaneous petition.
6. This Court has considered the pleadings and the circumstances placed.
The power under Section 24 C.P.C., is to be exercised to meet the ends of justice and to ensure that the lis is adjudicated without avoidable hardship. In matrimonial matters, the convenience of the parties, the practical difficulty in attending hearings, the stage of the proceedings are relevant considerations. Further, when related proceedings are pending in one place, it is in the interest of justice to avoid multiplicity and ensure effective adjudication by concentrating proceedings before one competent Court.
7. In the present case, it is stated that the respondent/wife has filed matrimonial proceedings at Cuddalore and the petitioner-husband has shown reasonable cause for transfer on grounds of hardship and pendency of connected proceedings at Cuddalore. Accordingly, the transfer sought for deserves to be ordered.
8. Accordingly, Tr.C.M.P. No.717 of 2025 is allowed. IDOP No.83 of 2022 on the file of the Family Court, Villupuram is withdrawn and transferred to the file of the Family Court, Cuddalore. The Family Court, Villupuram, shall transmit the entire records to the Family Court, Cuddalore, within three (3) weeks from the date of receipt of a copy of this order and the Family Court, Cuddalore shall dispose of the matter in accordance with law, as expeditiously as possible, uninfluenced by any observations made in this order. Interim stay granted by this Court on 17.07.2025 shall stand vacated and C.M.P. No.16756 of 2025 is closed. There shall be no order as to costs.
12.01.2026 mfa Index: Yes / No Speaking Order / Non-speaking Order Neutral Citation: Yes / No To
1. Family Court, Villupuram 2. Family Court, Cudddalore DR. A.D. MARIA CLETE, J mfa and CMP No.16756 of 2025
12.01.2026
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