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2026 Supreme(Online)(Mad) 7186

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Dr.Justice A.D.MARIA CLETE
R.KOMATHI – Appellant
Versus
R.SAKTHIVEL – Respondent



IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20.01.2026 PRESENT:

THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and C.M.P.No.13782 of 2025 R.Komathi W/o Sakthivel, No.2/146, Big Street, Reddivalam, Nemili Taluk, Ranipet District – 631052 … Petitioner Vs.

R.Sakthivel S/o Ramamoorthy, No.9, Indira Gandhi Street, Bharathi Nagar, Pallavaram, Near Pozhichalur, Chennai … Respondent Prayer in Tr.C.M.P.No.562 of 2025: Petition filed under Section 24 of CPC to withdraw H.M.O.P.No.711 of 2024 on the file of the learned Subordinate Court, Alandur, Chennai District and transfer the same to the learned Subordinate Court, Arakkonam, Ranipet District.

Prayer in C.M.P.No.13782 of 2025: Petition filed under Section 151 of CPC to stay all further proceedings in H.M.O.P.No.711 of 2024 on the file of the learned Subordinate Court, Alandur, pending disposal of the Transfer C.M.P.

For Petitioner : Mr.G.Vinodhkumar.

For Respondent : Mr.Soundar Vijay Arul Ram.

ORDER

Heard.

2. The present Transfer Civil Miscellaneous Petition has been filed by the wife seeking withdrawal of H.M.O.P.No.711 of 2024 (filed by the respondent/husband for restitution of conjugal rights before the learned Subordinate Court, Alandur) and for transfer of the same to the learned Subordinate Court, Arakkonam, Ranipet District.

3. It is the case of the petitioner that the marriage between the parties was solemnized on 26.04.2023 as per Hindu rites and customs. The respondent/husband has instituted H.M.O.P.No.711 of 2024 before the learned Subordinate Court, Alandur seeking restitution of conjugal rights. The petitioner/wife has also filed a matrimonial proceeding for divorce in H.M.O.P.No.128 of 2024 on the file of the learned Subordinate Court, Arakkonam.

4. The petitioner states that she is residing at Reddivalam, Nemili Taluk, Ranipet District, and she has to travel for more than 100 kilometers to attend the proceedings at Alandur, and that such travel takes about three hours by bus for each hearing. She also states that she is living with aged parents and that there is apprehension of threat/inconvenience at the place where the respondent is residing.

5. This Court has considered the above submissions. In matrimonial transfer petitions, convenience of the wife is an important consideration. The petitioner is stated to be residing within the territorial limits of ArakkonamCourt and she already has a proceeding pending there in H.M.O.P.No.128 of 2024. When rival proceedings are pending in different Courts, interest of justice would be served by consolidating the matrimonial litigations before one Court, to avoid multiplicity of proceedings and hardship in attending repeated hearings.

6. Considering the distance, the stated difficulties in travel, and the pendency of the connected matrimonial proceeding at Arakkonam, this Court is of the view that the request for transfer deserves acceptance.

7. Accordingly, Tr.C.M.P. No.562 of 2025 is allowed. H.M.O.P. No.711 of 2024 on the file of the Subordinate Court, Alandur, is withdrawn and transferred to the file of the Subordinate Court, Arakkonam, Ranipet District. The Subordinate Court, Alandur, shall transmit the entire records to the Subordinate Court, Arakkonam, within three (3) weeks from the date of receipt of this order and the Subordinate Court, Arakkonam 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 19.06.2025 shall stand vacated and C.M.P.No.13782 of 2025 is closed. There shall be no order as to costs.

20.01.2026 ay Index : Yes/No NCC : Yes/No Speaking Order / Non-Speaking Order To

1.The Sub Court, Alandur.

2.The Sub Court, Arakonam, Ranipet District.

DR. A.D. MARIA CLETE, J ay Dated: 20.01.2026

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