Full Judgment
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17-04-2026
CORAM
THE HON'BLE MRS.JUSTICE R. KALAIMATHI Renuka D/o. Moorthy ..Petitioner(s) Vs S.Ramkumar S/o. Sridhar ..Respondent(s) PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C. seeking to pass order to withdraw the HMOP.No.3 of 2025 pending on the file of Subordinate Court at Tiruttani and transfer the same to Principal Family Court at Chennai. For Petitioner(s): M/s.V.Jothi Lakshmi For Respondent(s): No Appearance
ORDER
Heard learned counsel for the petitioner (wife).
2. The respondent (wife) in H.M.O.P.No.3 of 2025 on the file of the
Subordinate Court, Tiruttani, is the petitioner herein. 3.The petitioner would aver that she is living with her mother and grand mother. She would further aver that she finds it difficult to come to Tiruttani from Chennai for about 200 km up and down, which causes financial hardship Page1 of 4 besides physical hardship and for these reasons she has taken out the present Transfer Civil Miscellaneous Petition. 4.Learned counsel for the petitioner would reiterate the grounds set out in the transfer CMP and seeks transfer of the aforesaid H.M.O.P.No.3 of 2025 from the file of Sub Court, Tiruttani to the file of Principal Family Court, Chennai. 5.Despite the receipt of notice and the name of the respondent having been printed in the cause list, the respondent neither appeared before this Court nor entered appearance through his counsel.
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 aforesaid 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.3 of 2025 pending on the file of the Subordinate Court at Tiruttani is withdrawn and transferred to the file of the Principal Family Court at Chennai. The Principal Family Court, Chennai on receipt of the records to try and dispose of the matter in accordance with law at the earliest. No Costs. Consequently, the connected Civil Miscellaneous Petition is closed. Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No kas To. 1.The Subordinate Court Tiruttani 2.The Principal Family Court Chennai Page3 of 4
R.KALAIMATHI, J.
kas Page4 of 4