Allowed¶7

Subbulakshmi v. Sambath Kumar

Madras HC4 Jun 2026TR CMP/237/2026

Case brief

AI extract

What is this about?

Keywords: transfer of matrimonial case; convenience of wife-petitioner; medical hardship; Section 24 C.P.C.; High Court of Judicature at Madras; O.P.No.221 of 2025; Subordinate Judge Udumalpet to Sub Court Ambattur; distance over 500 kms; unemployed petitioner; respondent's inconvenience objection; petition allowed without costs; connected C.M.P.No.7872 of 2026 closed.

What did the court decide?

O.P.No.221 of 2025 withdrawn from the file of the Subordinate Judge, Udumalpet and transferred to the file of the Sub Court, Ambattur; Sub Court, Ambattur directed to serve notice on the respondent and proceed after due service; transfer petition allowed with no costs; connected civil miscellaneous petition closed. ¶7

Subbulakshmi Vs Sambath Kumar — Madras HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether O.P.No.221 of 2025 pending before the Subordinate Judge, Udumalpet should be withdrawn and transferred to the Sub Court, Ambattur, considering the petitioner-wife's residence in Chennai, her medical condition, care of two school-going daughters and aged mother, and financial constraints, against the respondent-husband's objection of inconvenience to him at Thiruppur.

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Court's answer

Having gone through the affidavit in support of the transfer petition along with the submissions, the Court found merit in the petitioner's counsel's contentions (petitioner residing at Chennai with two school-going daughters, under medical treatment for the past two years, unable to travel frequently, distance of more than 500 kms, unemployed and financially constrained, caring for her old aged mother).

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Ratio / Principle

O.P.No.221 of 2025 was withdrawn from the file of the Subordinate Judge, Udumalpet and transferred to the file of the Sub Court, Ambattur; upon receipt of case papers, the Sub Court, Ambattur was directed to send notice to the respondent and, after due service of notice, proceed with the matter.

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Key takeaways

The transfer civil miscellaneous petition was allowed without costs, and the connected civil miscellaneous petition (C.M.P.No.7872 of 2026) was consequently closed.ratio¶7

Detailed headnote1 paragraphs

Transfer petition under Section 24 C.P.C. (High Court of Madras, single Judge, T.V.Thamilselvi, J.): the petitioner-wife, residing at Chennai and caring for two female children (S.Deepika and S.Manimozhi) studying at Mugappair West, Chennai, sought withdrawal of O.P.No.221 of 2025 filed by the respondent-husband before the Subordinate Judge, Udumalpet and its transfer to the Sub Court, Ambattur, pleading her medical illness and treatment for the past two years, inability to travel frequently, a distance of more than 500 kms between her residence and the Court, unemployment, financial dependence, and care of her old aged mother. The respondent, an agriculturist residing at Thiruppur, objected that transfer would cause him inconvenience. Finding merit in the petitioner's submissions, the Court withdrew O.P.No.221 of 2025 from the Subordinate Judge, Udumalpet, transferred it to the Sub Court, Ambattur, and directed the transferee Court to give notice to the respondent and proceed after due service. Petition allowed; no costs; connected C.M.P.No.7872 of 2026 closed. Decision dated 04-06-2026.

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TR CMP No. 237 of 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 04-06-2026

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CORAM

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THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI

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TR.C.M.P.No.237 of 2026 and C.M.P.No.7872 of 2026

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Subbulakshmi W/o.Sambath Kumar, Residing at Door No.1/79, Vembuli Amman Kovil Street, Periya Nolambur, Chennai-600 095.

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..Petitioner(s)

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Sambath Kumar S/o.Natarajan, Residing at Door No.581-A, Thungavi Post, Madathukulam Sub-Division, Thanthoni Village, Thiruppur District-642 203.

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..Respondent(s)

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Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C., praying to withdrawal of Original Petition in O.P.No.221 of 2025 before the Hon’ble Subordinate Judge, Udumalpet and transfer the same to the file of the Hon’ble Sub Court at Ambattur.

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For Petitioner(s): Mr.R. Abdul Mubeen For Respondent(s): Mr.Deepan Uday

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ORDER

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This petition has been filed to withdraw the case in O.P.No.221 of 2025

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on the file of the Subordinate Judge, Udumalpet and transfer the same to the file

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of the Sub Court, Ambattur.

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

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TR CMP No. 237 of 2026

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2 .Heard both sides and perused the materials available on record.
3 .Learned counsel for the petitioner submits that the petitioner residing at

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2 .Heard both sides and perused the materials available on record.

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3 .Learned counsel for the petitioner submits that the petitioner residing at

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Chennai and has two female child, viz., S.Deepika and S.Manimozhi. Both daughters are studying in a School at Mugappair West, Chennai. The respondent husband filed a petition in O.P.No.221 of 2025 before the Subordinate Judge, Udumalpet. He further submits that the petitioner is suffering from various medical illness and has been under the medical treatment for the past two years. Further, it is very difficult for the petitioner to travel to Udumalpet to attend Court proceedings. Due to the petitioner’s medical condition, she cannot travel frequently. The distance between the Court and the petitioner’s residence is more than 500 kms. Also, the petitioner is unemployed and depending upon his brother for survival and she is in a financially constrained position. He further submits that the petitioner is taking care of her old aged mother. Therefore, he prays to transfer the case to the Sub Court, Ambattur.

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4.Learned counsel for the respondent raised objection and submits that the respondent is residing at Thiruppur and working as an Agriculturist. He further submits that if the case is transferred from Subordinate Judge, Udumalpet to Sub Court, Ambattur, it will cause inconvenience to the respondent.

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

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TR CMP No. 237 of 2026

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5.I have gone through the affidavit filed in support of the transfer petition

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as well. I find merit in the submissions made by the learned counsel for the petitioner.

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6.Considering the submission made by the learned counsel for the petitioner, this Court is inclined to transfer the case from the Subordinate Judge, Udumalpet to the Sub Court, Ambattur. Accordingly, the case in O.P.No.221 of 2025 is hereby withdrawn from the file of the Subordinate Judge, Udumalpet and transferred to the file of the Sub Court, Ambattur. After receipt of the case papers from the Subordinate Judge, Udumalpet, the Sub Court, Ambattur is directed to send a notice to the respondent. After due service of notice, the Sub Court, Ambattur is directed to proceed with the matter.

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7.Accordingly, this transfer civil miscellaneous petition is allowed. No

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costs. Consequently, connected civil miscellaneous petition is closed.

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04-06-2026

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Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No pam

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To 1.The Subordinate Judge, Udumalpet.

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2.The Sub Court, Ambattur.