IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21-01-2026 CORAM THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and CMP No.25891 of 2025 R.Anusuya ...Petitioner(s)

Vs B.Baburao ...Respondent(s)

Prayer in Tr.CMP No.1143 of 2025:

Transfer Civil Miscellaneous Petition is filed under Section 24 of Code of Civil Procedure, pleased to grant an order withdrawing I.D.O.P.No.269 of 2024, pending on the file of the Learned Principal District and Sessions Judge at Tiruvallur and transfer the same to the Family Court, at Chennai which is suitable and having jurisdiction to try the case.

Prayer in CMP No.25891 of 2025: Petition filed under Section 151 of Code of Civil Procedure, pleased to grant an order of interim stay all the further proceedings in I.D.O.P.No.269 of 2024, pending on the file of the Learned Principal District and Sessions Judge at Tiruvallur, pending disposal of the above Transfer Civil Miscellaneous Petition .

For Petitioner(s) : Mr.G.Sathya Narayanan For Respondent(s): No appearance

ORDER

1. Heard.

2. The petitioner/wife has filed the present Transfer Civil Miscellaneous Petition seeking withdrawal of the matrimonial proceedings in I.D.O.P. No.269 of 2024 (divorce petition instituted by the respondent/husband) now pending on the file of the Principal District and Sessions Court, Tiruvallur, and for transfer of the same to the file of the Family Court, Chennai.

3. The marriage between the parties was solemnized on 15.11.2019 in accordance with Christian rites and customs. They have a minor child aged about three years.

4. The case of the petitioner, in substance, is that she is presently residing within Chennai limits; she has no independent income; she is the sole caregiver of the minor child; the distance and repeated travel to Tiruvallur would cause hardship; and, more importantly, she apprehends threat and harassment at Tiruvallur on account of the alleged borrowings and creditors/moneylenders of the respondent. It is also stated that the proceedings in the divorce petition are at the initial stage and transfer would not prejudice the respondent.

5. This Court has considered the submissions and perused the materials placed. 6. It is well settled that in transfer petitions arising out of matrimonial proceedings, the convenience of the wife and the attending circumstances, such as safety, travel constraints, responsibility of minor children, and ability to prosecute/defend the proceedings, are relevant considerations. The Court must balance conveniences and ensure that adjudication is not rendered illusory for either party.

7. In the present case, the petitioner is a young mother having the custody and care of a tender-aged child, and she has pleaded financial hardship and safety concerns in travelling and attending proceedings at Tiruvallur on each hearing. The divorce proceedings are stated to be at the stage of appearance/counter. Transfer at this stage would not cause delay; on the other hand, it would facilitate effective participation by the petitioner and enable the matter to be decided on merits.

8. This Court also finds that the respondent would not suffer any serious prejudice if the matter is tried at Chennai, whereas compelling the petitioner to attend the Court at Tiruvallur, in the given circumstances, would cause undue hardship. Therefore, this Court is inclined to allow the transfer.

9. Accordingly, the Transfer Civil Miscellaneous Petition deserves to be allowed, and consequential directions must follow.

10.Accordingly, Tr.C.M.P. No.1143 of 2025 is allowed. I.D.O.P. No.269 of

2024 on the file of the Principal District and Sessions Court, Tiruvallur, is withdrawn and transferred to the file of the Family Court, Chennai. The Principal District and Sessions Court, Tiruvallur, 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