Transfer of marital dispute case due to the significant travel burden placed on the petitioner and child care considerations.

ORDER

1. Heard.

2. This Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, 1908 seeking withdrawal of O.P. No.32 of 2025 pending on the file of the Sub Court, Chengam, Tiruvannamalai District, and transfer of the same to the file of the Principal Sub Court, Kumbakonam, for disposal in accordance with law.

3. The marriage between the petitioner and the respondent was solemnized on 02.02.2017 at Arunachala Mahal, Chengam Town, Tiruvannamalai District as per Hindu rites and customs. The respondent husband filed HMOP No.22 of 2022 before the Family Court, Tiruvannamalai seeking dissolution of marriage and the same was transferred to Sub Court, Chengam, Tiruvannamalai District and renumbered as O.P.No.32 of

2025.

4. The petitioner is the wife and the respondent is the husband. the petitioner -wife is residing with her parents and child at Kumbakonam and her son is studying at Kumbakonam. It is further noted that O.P.

No.32 of 2025 has been filed by the respondent-husband seeking divorce and the case is at the pre-trial / counter stage.

5. It is the case of the petitioner that she is residing with the minor child and has to travel about 250 Kms for every posting. The petitioner is not in a position to travel alone and the travel itself is onerous and unsafe. Further the petitioner has no independent source of income and cannot afford the recurring travel.

6. Having considered the above circumstances, particularly the petitioner’s residence at Kumbakonam and the responsibility of caring for the child who is schooling there, and also considering the stage of the proceedings, this Court is satisfied that the transfer sought deserves to be ordered.

7. In the result, Tr.C.M.P. No.1403 of 2025 is allowed. O.P. No.32 of 2025 pending on the file of the Sub Court, Chengam, Tiruvannamalai District is withdrawn and transferred to the file of the Principal Sub Court, Kumbakonam. The Sub Court, Chengam shall transmit the entire records in O.P. No.32 of 2025 to the Principal Sub Court, Kumbakonam within three weeks from the date of receipt of copy of this order and on receipt of records, the Principal Sub Court, Kumbakonam shall issue notice to both parties and proceed with the matter and dispose of the same in accordance with law as expeditiously as possible, uninfluenced by any observations made in this order. Consequently, C.M.P. No.32766 of 2025 is closed. No costs.