TR CMP/1052/2025 of S.ILAKIYA Vs V.Natarajan

TR CMP No. 1052 of 2025 __________ Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 01-04-2026 CORAM THE HON'BLE MRS.JUSTICE R. KALAIMATHI TR CMP No. 1052 of 2025 & CMP.No.23661 of 2025 S.Ilakiya D/o. M.Sundar, No. 9/3, Pazhaya Santhai Street, Madurantakam, Chengalpattu Dist. ..Petitioner(s) Vs V.Natarajan S/o. Viswanathan No. K/2, MET Quarters, 50, College Road, Greams Road, Chennai 006 ..Respondent(s) Prayer : Transfer Civil Miscellaneous Petition is filed under Section 151 of C.P.C. to order withdrawal and transfer of HMOP No. 3308 of 2018 from the file of the Learned VI Additional Family Court, Chennai to the fi le of the Learned Subordinate Court, Madurantakam. For Petitioner(s): Mr.G.Mageshkumar For Respondent(s): Mr.S.Premraj Kumar ORDER Heard the learned counsel for the petitioner and the learned counsel for the respondent. https://www.mhc.tn.gov.in/judis TR CMP No. 1052 of 2025 __________ Page2 of 5 2. The petitioner is the respondent / wife in H.M.O.P.No.3308 of 2018 on the file of the VI Additional Family Court, Chennai which is file d for an order of divorce. She has filed this Transfer Civil Miscellaneous Petition seeking to transfer the said H.M.O.P. to the file of Subordinate Court, Madhurantakam by stating that she is not in a position to travel from Madhurantakam to Chennai. 3. Reiterating the said contention, the learned counsel for the petit ioner would further add that she is living in her parents’ home at Madhurantaka m and she finds it difficult to travel from Madhurantakam to Chennai for a ll the hearing dates. 4. Per contra, the learned counsel for the respondent does not have any serious objection in ordering the Transfer Civil Miscellaneous Petition. 5. The principles regarding transfer petitions, more specifically i n the matters of matrimonial cases are well settled by the Honâ’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. https://www.mhc.tn.gov.in/judis TR CMP No. 1052 of 2025 __________ Page3 of 5 ii. In 2000 (10) SCC 304 (Geeta Heera Vs. Harish Chander Heera), the Honâ 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 Honâ 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 H.M.O.P.No.3308 of 2018, it appears that petitioner/husband is the resident of Chennai and the respondent/wife is resident of Madhurantakam. 7. In consideration of all the details mentioned supra, petitioner/w ife request to transfer H.M.O.P.No.3308 of 2018 which is pending before the VI Additional Family Court, Chennai appears to be based on justifiable ca use and accordingly, this Transfer Civil Miscellaneous Petition is allowed. Sequel to this, H.M.O.P.No.3308 of 2018 pending on the file of the VI Additional Family Court, Chennai is withdrawn and transferred to the file of the Su bordinate Court, Madhurantakam. The Subordinate Court, Madhurantakam shall take all https://www.mhc.tn.gov.in/judis TR CMP No. 1052 of 2025 __________ Page4 of 5 effective steps to dispose of the HMOP.No.3308 of 2018 at the earliest. No Costs. Consequently, connected Civil Miscellaneous Petition is closed. 01-04-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No vrc To 1. The VI Additional Family Court, Chennai. 2. The Subordinate Court, Madurantakam. https://www.mhc.tn.gov.in/judis TR CMP No. 1052 of 2025 __________ Page5 of 5 R.KALAIMATHI, J. vrc TR CMP No. 1052 of 2025 01-04-2026 https://www.mhc.tn.gov.in/judis