Uthra Madhavan Vs K.M. Saravana Kumar

This Transfer Miscellaneous Petition is filed under Section 24 C.P.C., to withdraw the HMOP No.5726 of 2022 on the file of the II Additional Family Court, Chennai and transfer the same to the file of Sub Court, Ranipet.

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PRAYER in C.M.P:

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To stay all further proceedings in HMOP No.5726 of 2022 on the file of the II Additional Family Court, Chennai

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For Petitioner : Mr.M.Salautheen

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For Respondent : Mr.Pranesh for M/s.P.B.Ramanujam Associates

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

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O R D E R

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Tr.C.M.P.No.756 of 2024

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Heard

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This Transfer Civil Miscellaneous Petition is filed under Section 24 C.P.C., seeking withdrawal of H.M.O.P.No.5726 of 2022 pending on the file of the II Additional Family Court, Chennai and to transfer the same to the file of the Sub Court, Ranipet.

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The case of the petitioner is that the marriage between the petitioner and the respondent was solemnized on 10.03.2019 and subsequently disputes arose between the parties. It is stated that earlier Transfer C.M.Ps were disposed of by a common order dated 03.08.2022, pursuant to which the matrimonial proceedings came to be dealt with by the Family Court at Chennai and the respondent’s divorce petition was renumbered as H.M.O.P.No.5726 of 2022.

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The petitioner states that she is presently residing at Ranipet and is suffering from Rheumatoid Arthritis / inflammatory arthritis, for which she is undergoing diagnosis and treatment, including at hospitals in and around Ranipet/Vellore. She further states that due to the said health condition, she was constrained to resign her clerical employment at Chennai and that she has no present footing in Chennai to repeatedly attend the hearings. The

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

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Tr.C.M.P.No.756 of 2024 medical bills/lab records produced along with the petition also reflect continuing treatment during June 2024.

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The petitioner would also place reliance on the principle that, in matrimonial matters, while considering transfer, the convenience and difficulties of the wife deserve primacy, particularly when supported by circumstances such as health constraints and financial hardship.

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It is also relevant to note that this Court, in Transfer C.M.P.No.1019 of 2023 filed by the respondent/husband , while considering the petitioner’s health condition and the inconvenience of repeated travel, declined to shift the proceedings from Ranipet and recorded that it would not be in the interest of convenience of the wife to compel such travel.

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In the present petition, the petitioner has placed materials indicating that frequent travel from Ranipet to Chennai for hearings would cause serious hardship. Considering the medical condition pleaded and supported by records, and applying the settled approach in transfer petitions arising out of matrimonial disputes, this Court is satisfied that the ends of justice would be served by allowing the transfer as prayed for.

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

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8.

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Tr.C.M.P.No.756 of 2024

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1. Accordingly, Tr.C.M.P. No.756 of 2024 is allowed. H.M.O.P. No.5726 of

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2022 on the file of the II Additional Family Court, Chennai, is withdrawn and transferred to the file of the Sub Court, Ranipet. The II Additional Family Court, Chennai, shall transmit the entire records to the Sub Court, Ranipet, within three (3) weeks from the date of receipt of this order and the Sub Court, Ranipet, shall dispose of the matter in accordance with law, as expeditiously as possible, uninfluenced by any observations made in this order. Connected C.M.P. No.16493 of 2024 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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