TR CMP/976/2025 of S. Krishnaveni alias Saranya Vs S.Ganeshkumar
TR CMP No. 976 of 2025
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24-04-2026
CORAM
THE HON'BLE MRS.JUSTICE R. KALAIMATHI
TR CMP No.976 of 2025
and CMP No.22046 of 2025
S. Krishnaveni alias Saranya
W/o. S. Ganeshkumar ..Petitioner(s)
Vs
S.Ganeshkumar
S/o. Surendran ..Respondent(s)
PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24 of
C.P.C. seeking to withdraw the proceedings in H.M.O.P.No.530 of 2025 from
the file of the Family Court at Nagercoil and transfer the same to the Family
Court, Chengalpattu.
For Petitioner(s): Ms.D.Arokia Mary Sophia
For Respondent(s): No Appearance
ORDER
Heard learned counsel for the petitioner (wife).
2.The respondent (wife) in HMOP No.530 of 2025, on the file of the
Family Court at Nagercoil, is the petitioner herein.
3.None represents the respondent.
4.The petitioner would aver that she is residing at Chengalpattu with her
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TR CMP No. 976 of 2025
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son at her parental home, Chengalpattu. She would further aver that she is
not in a position to travel to Nagercoil with her baby to attend Court
proceedings and she has to spend a lot of money for each and every travel.
5.Learned counsel for the petitioner would reiterate the grounds set out
in the Transfer CMP and seeks to transfer the aforesaid HMOP from the file of
Family Court, Nagercoil to the file of Family Court at Chengalpattu.
6.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 travelling 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
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TR CMP No. 976 of 2025
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of the wife transferring the transfer petition from Family
Court at Bandra in Mumbai to the Family Court at Jaipur.”
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 ordered. Sequel to
this, H.M.O.P.No.530 of 2025 pending on the file of the Family Court,
Nagercoil is withdrawn and transferred to the file of the Family Court at
Chengalpattu. Learned Judge of the Family Court, Chengalpattu, 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.
24-04-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
kas
To.
1.The Family Court
Nagercoil
2.The Family Court
Chengalpattu
https://www.mhc.tn.gov.in/judis
TR CMP No. 976 of 2025
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R.KALAIMATHI, J.
kas
TR CMP No.976 of 2025
and CMP No.22046 of 2025
24-04-2026
https://www.mhc.tn.gov.in/judis