IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21-01-2026 CORAM THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE V. Agila ...Petitioner(s)

Vs M. Krishnan ...Respondent(s)

Prayer in Tr.CMP No.597 of 2025:

Transfer Civil Miscellaneous Petition is filed under Section 24 of Code of Civil Procedure, pleased to pass an order to withdraw the HMOP No.197 of 2024 pending on the file of Sub Court, Tirupattur, Tirupattur District and transfer to Sub Court, Dharmapuri.

For Petitioner(s) : Mr.D. Balachandran For Respondent(s): Mr.S.Sasikumar

ORDER

Heard.

2. This Transfer Civil Miscellaneous Petition is filed by the petitioner/wife seeking withdrawal of H.M.O.P. No.197 of 2024 (filed by the respondent/husband seeking restitution of conjugal rights) from the file of the Sub Court, Tirupattur, and to transfer the same to the Sub Court, Dharmapuri.

3. The case of the petitioner is that the marriage between the parties was solemnized on 29.06.2015 at Tirupattur and that out of the wedlock, two minor sons were born. The petitioner states that she is residing at Pennagaram, Dharmapuri District, along with the two minor children and her aged mother, and that she has no one to support her travel to Tirupattur for every hearing.

4. It is further stated that the petitioner has already filed H.M.O.P. No.7 of 2024 (divorce petition) and the same is pending on the file of the Sub Court, Dharmapuri. On the other hand, the respondent/husband has filed H.M.O.P. No.197 of 2024 on the file of the Sub Court, Tirupattur seeking restitution of conjugal rights.

5. The petitioner specifically pleads hardship on account of distance and travel, stating that she has to travel about 110 km to Tirupattur (and about 220 km for each hearing) and that it would be extremely difficult to attend the proceedings with two minor children and without any assistance.

6. On the other hand, the respondent strongly objected to allow the transfer.

7. This Court has considered the rival circumstances pleaded. In matters relating to matrimonial proceedings, the consistent approach is to lean in favour of the convenience of the wife, particularly when she has the responsibility of minor children and is required to travel long distance for each hearing. In the case on hand, the petitioner’s divorce proceeding is already pending at Dharmapuri, and transfer of the husband’s H.M.O.P. from Tirupattur to Dharmapuri would avoid multiplicity, enable effective participation, and secure a fair opportunity to the petitioner to contest the matter without undue hardship.

8. No serious prejudice would be caused to the respondent/husband if the matter is transferred to Dharmapuri, whereas denial of transfer would result in substantial hardship to the petitioner as pleaded.

9. In the light of the above, the Transfer Civil Miscellaneous Petition deserves to be allowed.

10. Accordingly, Tr.C.M.P. No.597 of 2025 is allowed. H.M.O.P. No.197 of 2024 on the file of the Sub Court, Tirupattur, Tirupattur District, is withdrawn and transferred to the file of the Sub Court, Dharmapuri. The Sub Court, Tirupattur, shall transmit the entire records to the Sub Court, Dharmapuri, within three (3) weeks from the date of receipt of this order and the Sub Court, Dharmapuri shall dispose of the matter in accordance with law, as expeditiously as possible, uninfluenced by any observations made in this order. There shall be no order as to costs.

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

1. The Sub Court, Tirupattur, Tirupattur District.

2. The Sub Court, Dharmapuri.

DR. A.D.MARIA CLETE ay

21.01.2026