IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 11-03-2026 CORAM THE HON'BLE MRS.JUSTICE R. KALAIMATHI and CMP.No.26548 of 2025 Stefanie Daniel ..Petitioner(s)

Vs.

Balakrishnan Somasekaran alias S.Giftson Daniel ..Respondent(s)

Prayer: Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, 1908, to withdraw the case in OP NO. 229 of 2025 before the Family Court Judge, Sivagangai and to transfer the same to the Family Court at Coimbatore.

For Petitioner(s): Ms.AN .Meenakshi For Respondent(s): Mr.K. Suresh

ORDER

Heard the learned counsel for the petitioner and the learned counsel for the respondent.

2. The petitioner who is the respondent / wife in O.P.No.229 of 2025 on the file of Family Court, Sivagangai has filed this Transfer Civil Miscellaneous Petition seeking to transfer the said O.P., to the Family Court, Coimbatore by stating that she is not in a position to travel to Sivagangai from Coimbatore on every hearing.

3. Reiterating the said contentions, the learned counsel for the petitioner would further add that she is living at Coimbatore for the purpose of work, and she finds it difficult to travel from Coimbatore to Sivagangai for all the hearing dates.

4. Per contra, the learned counsel for the respondent would submit that on hearing dates alone she needs to travel and sought for dismissal of the Transfer Civil Miscellaneous Petition.

5. The principles regarding transfer petitions, more specifically in the matters of matrimonial cases are well settled by the Hon’ble Supreme Court in the following cases:-

“i. In AIR 2000 SC 3512 (1) (Mona Aresh Goel vs. Aresh Satya Goel), when the wife pleaded that she was unable to bear the traveling expenses and even to travel alone and stay at Bombay, the Supreme Court ordered transfer of proceedings.

ii. In 2000 (10) SCC 304 (Geeta Heera Vs.

Harish Chander Heera), the Hon’ble Supreme Court has held that where the petitioner's wife has pleaded lack of money, the same has to be considered.

Iii. In Lalita A. Ranga Vs. Ajay Champalal Ranja reported in (2009) 9 SCC 355, wherein the wife, who was having small child and she was finding it difficult to travel from Jaipur to Bombay, and the Hon’ble Apex Court accepting her request ordered the transfer petition in favour of the wife transferring the transfer petition from Family Court at Bandra in Mumbai to the Family Court at Jaipur.”

6. On perusal of petition filed in O.P.No.229 of 2025, it appears that petitioner/husband is the resident of Sivagangai District (Manamadurai Taluk) and the respondent/wife is the resident of Coimbatore District (Chinnavedampatti village).

7. In consideration of the above said details, the request of the petitioner herein / wife appears to be based on justifiable cause and accordingly, this Transfer Civil Miscellaneous Petition is allowed. Sequel to this, O.P.No.229 of 2025 pending on the file of the Family Court, Sivagangai is withdrawn and transferred to the file of the Family Court, Coimbatore. The Family Court, Coimbatore on receipt of the records to try and dispose of the matter in accordance with law at the earliest. No Costs. Consequently, connected Civil Miscellaneous Petition is closed.

11-03-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No MAC R.KALAIMATHI, J.

MAC To

1. The Family Court, Sivagangai

2. The Family Court, Coimbatore TR CMP No. 1177 of 2025 and CMP.No.26548 of 2025

11-03-2026