Full Judgment
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17-04-2026
CORAM
THE HON'BLE MRS.JUSTICE R. KALAIMATHI Ragasudha ..Petitioner(s) Vs. Nagarajan ..Respondent(s) PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of C.P.C. seeking to withdraw the HMOP.No.72 of 2023 from the file of the Sub Court, Thittakudi, Cuddalore District and to transfer the same to the Principal Sub Court, Kallakurichi District. For Petitioner(s): Mr.A. Poorniputiran For Respondent(s): Mr.S.Santhanamoorthi
ORDER
Heard learned counsel for the petitioner (wife) and learned counsel for the respondent (husband). 2.The respondent (wife) in H.M.O.P.No.72 of 2023 on the file of the Sub Court, Thittakudi, is the petitioner herein. Page1 of 4 3.The petitioner (wife) would aver that she is residing with her parents and she finds it difficult to travel from Kallakurichi to Thittakudi to attend the hearings at Sub Court, Thittakudi. 4.Learned counsel for the petitioner would reiterate the grounds set out in the transfer CMP and seeks to transfer the aforestated H.M.O.P.No.72 of 2023 from Sub Court, Thittakudi to Principal Sub Court, Kallakurichi. 5.Learned counsel for the respondent (husband) would vehemently contend that if the matter is transferred to Principal Sub Court, Kallakurichi, the respondent needs to travel for a long hours to attend the Court and this would cause hardship to him.
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. Page2 of 4
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 abovesaid details, the request of the
petitioner / 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.72 of 2023 pending on the file of the Sub Court, Thittakudi is withdrawn and transferred to the file of the Principal Sub Court, Kallakurichi. The Principal Sub Court, Kallakurichi, 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. Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No kas Page3 of 4
R.KALAIMATHI, J.
kas To. 1.Sub Court Thittakudi Cuddalore District
2. Principal Sub Court Kallakurichi District Page4 of 4