IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21-01-2026 CORAM THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and CMP No.25868 of 2025 Uma Maheswari Veramani ...Petitioner(s)

Vs H. Chandrasekaran ...Respondent(s)

Prayer in Tr.CMP No.1140 of 2025:

Transfer Civil Miscellaneous Petition is filed under Section 24 of Code of Civil Procedure, pleased to withdraw the H.M.O.P. No.831 of 2024 on the file of Subordinate Judge, Alandur, Chennai and transfer the same to the file of the Subordinate Judge, Coimbatore.

Prayer in CMP No.25868 of 2025: Petition filed under Section 151 of Code of Civil Procedure, pleased to stay all further proceedings in H.M.O.P. No.831 of 2024 on the file of Hon’ble Sub-Judge, Alandur at Chennai pending disposal of the above Transfer Civil Miscellaneous Petition .

For Petitioner(s) : Mr.R. Balaji Singh For Respondent(s): Mr. A.Balasingh Ramanujam

ORDER

1. Heard.

2. The petitioner is the wife and the respondent is the husband. The petitioner filed this petition under Section 24 of C.P.C., to withdraw H.M.O.P. No.831 of 2024 on the file of the Subordinate Judge, Alandur, Chennai and transfer the same to the file of the Subordinate Judge, Coimbatore, to be tried along with the connected matrimonial proceedings.

3. The marriage between the parties was solemnized on 11.09.2019 at Chennai.

The respondent/husband has filed H.M.O.P. No.831 of 2024 before the Court of the Subordinate Judge, Alandur, Chennai seeking restitution of conjugal rights under Section 9 of the Hindu Marriage Act. The petitioner/wife, stating that she is presently residing at Coimbatore with her parents and is unable to travel to Chennai for every hearing, has filed the present Transfer C.M.P. seeking withdrawal of the said H.M.O.P. from Alandur and transfer to Coimbatore. It is also stated that the petitioner has initiated matrimonial proceedings at Coimbatore for dissolution of marriage and that the transfer would enable effective adjudication and avoid multiplicity.

4. The petitioner has pleaded difficulty in attending the proceedings at Alandur, Chennai, on each and every hearing due to want of means, travel and stay expenses, and the need for accompaniment. She has also expressed apprehension and inconvenience in travelling to Chennai.

5. The respondent filed a counter and argued that, after receipt of notice in the petition for restitution of conjugal rights, the petitioner has filed the divorce petition and, thereafter, has come forward with the present Transfer C.M.P. seeking transfer of the H.M.O.P. from Alandur to Coimbatore. It is contended that the transfer petition is only a counterblast and is intended to protract the proceedings. According to the respondent, the petitioner has not made out any sufficient or valid grounds for transfer and therefore the respondent prayed for dismissal of the Transfer C.M.P..

6. This Court, while exercising power under Section 24 of C.P.C., has to consider the ends of justice, comparative convenience, and avoidance of multiplicity of proceedings. In matrimonial transfer petitions, it is well- settled that the convenience of the wife ordinarily deserves paramount consideration, particularly when she is residing away from the place where the proceeding is pending, and when she pleads financial constraints and practical difficulty in contesting the matter.

7. In the case on hand, the petitioner/wife is residing at Coimbatore and has shown sufficient cause that she would be put to undue hardship if compelled to travel to Alandur/Chennai for every hearing. No overriding circumstance is shown to decline the transfer. Further, transfer would facilitate effective adjudication and avoid parallel proceedings in two different places.

8. Accordingly, this Transfer Civil Miscellaneous Petition deserves to be allowed. Accordingly, Tr.C.M.P. No.1140 of 2025 is allowed. H.M.O.P. No.831 of 2024 on the file of the Subordinate Judge, Alandur, Chennai, is withdrawn and transferred to the file of the Subordinate Judge, Coimbatore. The