TR CMP/1012/2025 of Vennila Vs Praveen
TR CMP No. 1012 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.1012 of 2025
and CMP No.22659 of 2025
Vennila
W/o. Praveen ..Petitioner(s)
Vs
Praveen
S/o. Pannerselvam ..Respondent(s)
PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24 of
C.P.C. seeking to withdraw and transfer the O.P.No.3471 of 2025 on file
of IV Additional Family Court at Chennai to Family Court at Erode.
For Petitioner(s): Mr.M.Saravanakumar
For Respondent(s): Mr.C.R.Malarvannan
ORDER
Heard learned counsel for the petitioner / wife and learned
counsel for the respondent / husband.
2.The respondent (wife) in O.P.No.3471 of 2025 on the file of the
IV Additional Family Court at Chennai, is the petitioner herein.
3.The petitioner / wife seeks to transfer the aforesaid O.P. to the
file of Family Court, Erode on the following grounds:
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(i) She has been staying with her parents at Erode along with her
1 ½ year old girl child; and
(ii) She finds it difficult to travel a distance of about 500 Km to
reach the trial Court at Chennai to attend every hearing with her baby.
4.Learned counsel for the petitioner (wife) would reiterate the
grounds set out in the Transfer CMP and seeks to transfer the aforesaid
O.P. from the file of IV Additional Family Court at Chennai to the file of
Family Court at Erode.
5.Learned counsel for the respondent would vehemently contend
that the respondent is working in Saudi Arabia and he would be put to
inconvenience and hardship if the above petition is transferred to Erode.
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
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TR CMP No. 1012 of 2025
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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.”
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, O.P.No.3471 of 2025 pending on the file of the IV
Additional Family Court at Chennai is withdrawn and transferred to the
file of the Family Court at Erode. Learned Judge of the Family Court,
Erode, 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
https://www.mhc.tn.gov.in/judis
TR CMP No. 1012 of 2025
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R.KALAIMATHI, J.
kas
To.
1.The IV Additional Family Court
Chennai
2.The Family Court
Erode
TR CMP No.1012 of 2025
and CMP No.22659 of 2025
24-04-2026
https://www.mhc.tn.gov.in/judis