A.R.Vishnupriya Vs R.Vasanth

This Transfer Miscellaneous Petition is filed under Section 24 C.P.C., to withdraw HMOP No.129 of 2025 pending on the file of the Subordinate Court, Sathyamangalam and to transfer the same to the Family Court, Combined Court Complex, Coimbatore.

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PRAYER in C.M.P:

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To stay all further proceedings in HMOP No.129 of 2025 pending on the file of the Subordinate Court, Sathyamangalam.

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For Petitioner : Mr.A.Balakumar

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For Respondent : Mr.B.Mohan

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https://www.mhc.tn.gov.in/judis

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Tr.C.M.P.No. 1348 of 2025

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O R D E R

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Heard

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This Transfer Civil Miscellaneous Petition has been filed by wife under Section 24 of the Code of Civil Procedure, seeking withdrawal of H.M.O.P. No.129 of 2025 pending on the file of the learned Subordinate Judge, Sathyamangalam, and transfer of the same to the file of the learned Family Court, Combined Court Complex, Coimbatore.

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The petitioner is the wife and the respondent is the husband. The marriage between the parties was solemnized on 10.11.2021. The respondent has instituted H.M.O.P. No.129 of 2025 at Sathyamangalam.

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The case of the petitioner, in substance, is that she is presently residing at Coimbatore and finds it extremely difficult to travel to Sathyamangalam for every hearing, the travel being stated to be more than 2 hours and 30 minutes one way, causing physical strain and financial burden. It is further stated that she has no financial support from the respondent and is dependent on her parents, and therefore frequent travel to Sathyamangalam cause hardship.

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In petitions seeking transfer of matrimonial proceedings, the paramount consideration is to ensure a fair opportunity to contest, and to avoid undue

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https://www.mhc.tn.gov.in/judis

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Tr.C.M.P.No. 1348 of 2025

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hardship. The convenience of the wife, particularly when she pleads lack of independent financial support and difficulty in undertaking repeated travel, ordinarily deserves weight.

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In the case on hand, the petitioner has specifically pleaded her residence at Coimbatore and the hardship in attending the proceedings at Sathyamangalam on multiple occasions, apart from the financial burden. The respondent also staying in Coimbatore. On an overall consideration, this Court is of the view that transfer of the proceedings to Coimbatore would subserve the ends of justice and avoid avoidable hardship, without causing any serious prejudice to the respondent, as the matter would still be tried by a competent Court.

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Accordingly, Tr.C.M.P. No.1348 of 2025 is allowed. H.M.O.P. No.129 of 2025 on the file of the Subordinate Judge, Sathyamangalam, is withdrawn and transferred to the file of the Family Court, Combined Court Complex, Coimbatore. The Subordinate Judge, Sathyamangalam, shall transmit the entire records to the Family Court, Combined Court Complex, Coimbatore, within three (3) weeks from the date of receipt of this order and the Family Court, Combined Court Complex, Coimbatore shall dispose of the matter in

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https://www.mhc.tn.gov.in/judis

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Tr.C.M.P.No. 1348 of 2025 accordance with law, as expeditiously as possible, uninfluenced by any observations made in this order. C.M.P. No.31437of 2025 is closed. There shall be no order as to costs.

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19.01.2026

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mfa Index: Yes / No Speaking Order / Non-speaking Order Neutral Citation: Yes / No

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To

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