IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21-01-2026 CORAM THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and CMP No.19113 of 2025 Chithiravalli ...Petitioner(s)

Vs Arun ...Respondent(s)

Prayer in Tr.CMP No.834 of 2025:

Transfer Civil Miscellaneous Petition is filed under Section 24 of Code of Civil Procedure, pleased to withdraw the M.O.P. No.422 of 2025 on the file of the Family Court, Pondichery and transfer the same to Family Court, Thiruvannamalai District and may direct the Court, Thiruvannamalai District to dispose of the above M.O.P. filed by the respondent within a specified time.

Prayer in CMP No.19113 of 2025: Petition filed under Section 151 of Code of Civil Procedure, pleased to stay all the further proceedings in M.O.P. No.422 of 2025 on the file of the Family Court, Pondichery pending disposal of transfer application For Petitioner(s) : Mr.V.Arunkumar For Respondent(s): No appearance

ORDER

Heard.

2. Transfer Civil Miscellaneous Petition has been filed by the wife seeking transfer of M.O.P. No.422 of 2025, now pending on the file of the Family Court, Puducherry, to the file of the Family Court, Thiruvannamalai District.

3. The marriage between the petitioner and the respondent was solemnized on 01.02.2021, as per Hindu rites and customs. The respondent/husband has instituted M.O.P. No.422 of 2025 before the Family Court, Puducherry, seeking dissolution of marriage.

4. It is the case of the petitioner/wife that she is residing at Thiruvannamalai District, and that frequent travel to Puducherry to attend the proceedings would cause her serious hardship. She also states that she would be put to prejudice if compelled to contest the proceedings at Puducherry and seeks transfer to Thiruvannamalai.

5. This Court has considered the pleadings and the relief sought. The power under Section 24 CPC is intended to secure the ends of justice and to prevent undue hardship to a litigant. In matrimonial disputes, the consistent approach is to give due weight to the convenience of the wife, particularly when she is residing at a different place and is required to undertake repeated travel to defend proceedings. Compelling the petitioner to travel and attend hearings at a far-off Court would cause avoidable hardship, whereas transfer to the place where she resides would facilitate effective participation in the proceedings.

6.This Court is also of the view that no serious prejudice would be caused to the respondent if the matter is tried at the transferee Court, since he can always prosecute his case before the Court at Thiruvannamalai. Considering the comparative hardship, and bearing in mind that transfer is sought only to enable fair and convenient participation in the proceedings, this Court is inclined to allow the Transfer Petition.

7. For the foregoing reasons, this Court finds it just and proper to withdraw the proceedings from the Family Court, Puducherry and transfer the same to the Family Court, Thiruvannamalai District.

8. Accordingly, Tr.C.M.P. No.834 of 2025 is allowed. M.O.P. No.422 of

2025, on the file of the Family Court, Puducherry, is withdrawn and transferred to the file of the Family Court, Thiruvannamalai District. The Family Court, Puducherry, shall transmit the entire records to the Family Court, Thiruvannamalai District, within three (3) weeks from the date of receipt of this order and the Family Court, Thiruvannamalai District 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 08.08.2025 shall stand vacated and CMP No.19133 of 2025 is closed. There shall be no order as to costs.

21.01.2026 Index:Yes/No Neutral Citation:Yes/No Internet:Yes dsn To

1. The Family Court, Pondichery

2. The Family Court, Thiruvannamalai District.

DR. A.D.MARIA CLETE dsn and CMP No.19113 of 2025

21.01.2026