A.Aldrin Naveen, Vs P.S.Divya

Prayer in Tr.C.M.P.No.784 of 2025: Petition filed under Section 24 of C.P.C., to withdraw the O.P.No.311 of 2024 on the file of the Principal District and Sessions Court, Tiruvallur, and to transfer the same to the Family Court, Madras High Court Campus, Chennai.

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Prayer in C.M.P.No.18097 of 2025: Petition filed under Section 151 of C.P.C., to stay the proceedings in O.P.No.311 of 2024 on the file of the Principal District and Sessions Court, Tiruvallur, pending disposal of the Transfer Civil Miscellaneous Petition.

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For Petitioner : Mr.C.Rajakumar

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For Respondent : Mr.P.Mohan Raj

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

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Tr.C.M.P.No.784 of 2025

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ORDER

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Heard.

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This Transfer Civil Miscellaneous Petition is filed by

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petitioner / husband seeking withdrawal of O.P.No.311 of 2024 now pending before the Principal District and Sessions Court, Tiruvallur, and to transfer the same to the Family Court, Madras High Court Campus, Chennai.

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The case of the petitioner is that the respondent-wife has instituted

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the said divorce proceedings at Tiruvallur and that the petitioner is employed at Qatar and presently residing there; his residence in India is at Kayarambedu, Guduvancheri, Vandalur Taluk, Chennai District.

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It is stated that the Court at Tiruvallur is about 65 kms from the petitioner’s residence in India and it takes about four hours to travel to and fro; further, there is no direct public transport and the petitioner finds it difficult to effectively contest the matrimonial proceedings at Tiruvallur.

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It is also averred that the original petition was referred to mediation

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and the mediation failed, and further that the respondent had not attended

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Tr.C.M.P.No.784 of 2025

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mediation on 20.02.2025 and had also not appeared before the Court on 21.04.2025.

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This Court, while considering a petition under Section 24 C.P.C., has to bear in mind the ends of justice, including the comparative convenience of parties and the necessity for effective participation in matrimonial proceedings. In the present case, the petitioner has shown that his residence is within the Chennai region and that he is compelled to travel to Tiruvallur, which, according to him, causes serious inconvenience and hampers effective conduct of the case.

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Having regard to the nature of the lis being matrimonial, the requirement of parties’ presence, and the overall convenience pleaded, this Court is of the view that transfer of the proceedings to the Family Court, Madras High Court Campus, Chennai would subserve the ends of justice and would not cause prejudice to the respondent.

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Accordingly, Tr.C.M.P.No.784 of 2025 is allowed. O.P.No.311 of

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2024 on the file of the Principal District and Sessions Court, Tiruvallur, is withdrawn and transferred to the file of the learned Principal Judge, Family 3/6

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Tr.C.M.P.No.784 of 2025

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Court, Chennai. The Principal District and Sessions Court, Tiruvallur, shall transmit the entire records to the learned Principal Judge, Family Court, Chennai, within three (3) weeks from the date of receipt of this order and the learned Principal Judge, Family Court, Chennai, shall dispose of the matter in accordance with law, as expeditiously as possible, uninfluenced by any observations made in this order. Interim stay granted by this Court on 29.07.2025 shall stand vacated and C.M.P.No.18097 of 2025 is closed. There shall be no order as to costs.

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09.01.2026

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

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Tr.C.M.P.No.784 of 2025

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To