P.Vijayalakshmi Vs K.Pandian

Transfer Petition filed under Section 24 of the Code of Civil Procedure, to withdraw O.P. No.175 of 2024 on the file of the Family Court, Srivilliputtur, and

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transfer the same to the file of the Principal Family Court at Chennai, and pass further or other orders.

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

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Tr.C.M.P.No.323 of 2025

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Prayer in C.M.P. No. 7173 of 2025:

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Petition to grant interim stay of all further proceedings in O.P. No.175 of 2024 on the file of the Family Court, Srivilliputtur, pending disposal of the Transfer Civil Miscellaneous Petition.

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For Petitioner : Mr.U.Kathiravan

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For Respondent :No appearance

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ORDER

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Heard.

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This Transfer Civil Miscellaneous Petition is filed by the petitioner/wife seeking withdrawal of O.P. No.175 of 2024 pending on the file of the Family Court, Srivilliputtur and for transfer of the same to the file of the Principal Family Court at Chennai.

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The case of the petitioner, in substance, is that the marriage between the petitioner and the respondent was solemnized on 08.07.2019 as per Hindu rites and customs. The petitioner would state that she is presently residing at Chennai. It is her further case that she is constrained to travel to

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Tr.C.M.P.No.323 of 2025

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Srivilliputtur for every hearing, which causes hardship, and that the distance involved is substantial. The petitioner also states that the respondent is stated to be working and residing at Chennai and, therefore, transfer would not cause prejudice to him.

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Per contra, the respondent has not shown any compelling circumstance to retain the proceedings at Srivilliputtur, so as to outweigh the hardship pleaded by the petitioner.

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This Court has considered the submissions and perused the materials placed on record.

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The petition is under Section 24 CPC, and the paramount consideration while deciding transfer in matrimonial proceedings is the ends of justice, keeping in view the convenience of parties, the comparative hardship, and whether transfer would cause prejudice to the opposite party.

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In the case on hand, the petitioner/wife asserts that she is residing at Chennai and would face hardship to travel long distance to attend proceedings at

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Tr.C.M.P.No.323 of 2025

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Srivilliputtur. The respondent is also stated to be at Chennai. In such circumstances, directing the proceedings to be tried at Chennai would subserve the interests of justice. The balance of convenience is in favour of transfer, and no serious prejudice is shown to the respondent.Hence, this Court is inclined to allow the Transfer Civil Miscellaneous Petition.

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Accordingly, Tr.C.M.P. No.323 of 2025 is allowed.O.P. No.175 of 2024 on the file of the Family Court, Srivilliputtur, is withdrawn and transferred to the file of the Principal Family Court, Chennai. The Family Court, Srivilliputtur, shall transmit the entire records to the Principal Family Court, Chennai, within three (3) weeks from the date of receipt of this order and the Principal Family Court, Chennai, shall dispose of the matter in accordance with law, as expeditiously as possible, uninfluenced by any observations made in this order. C.M.P. No. 7173 of 2025 is closed. There shall be no order as to costs.

23.01.2026

mfa

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Tr.C.M.P.No.323 of 2025

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To