M.Athisakthiammal Vs Venkatasubramanian

¶1

TR CMP No. 85 of 2026

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED: 24-02-2026

¶4

CORAM

¶5

THE HON'BLE DR.JUSTICE A.D.MARIA CLETE

¶6

TR CMP No. 85 of 2026 AND CMP NO. 2007 OF 2026

¶7

M.Athisakthiammal D/o.Mariappan, Previously resided at Jayanthi Hostel, Srinivasan St, Egmore Police Station Opp, Egmore, Chennai 8. Currently res.at No.84/2, Poosala Gengu Reddy St, Egmore, Chennai 8

¶8

..Petitioner(s)

¶9

Vs

¶10

Venkatasubramanian S/o.Gopalakrishnan, No.7/1A, Kamatchi Amman Koil St, Ambasamudram, Tirunelveli 627 401 Kamatchi Amman Kovil Street, Ambasamudram, Tirunelveli 627 401.

¶11

..Respondent(s)

¶12

CMP No. 2007 of 2026 M.Athisakthiammal D/o.Mariappan, Previously resided at Jayanthi Hostel, Srinivasan St, Egmore Police Station Opp, Egmore, Chennai 8. Currently res.at No.84/2, Poosala Gengu Reddy St, Egmore, Chennai 8

.. Petitioner

Vs

Page1 of 6

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

¶17

TR CMP No. 85 of 2026

¶18

Venkatasubramanian S/o.Gopalakrishnan, No.7/1A, Kamatchi Amman Koil St, Ambasamudram, Tirunelveli 627 401

¶19

Kamatchi Amman Kovil Street, Ambasamudram, Tirunelveli 627 401.

¶20

..Respondent(s)

¶21

TR CMP No. 85 of 2026

¶22

To Withdraw the HMOP.No. 119/2025, on the file of Sub Court, Ambasamudram and transfer the same to the file of Family Court Chennai and pass such further or other orders and thereby render justice.

¶23

CMP No. 2007 of 2026

¶24

To stay all further proceedings in HMOP.No. 119/2025 on the file of Sub Court, Ambasamudram pending disposal of the above Transfer Petition.

¶25

TR CMP No. 85 of 2026

¶26

For Petitioner(s): Mr.B.Vincent Praveen Kumar

¶27

For Respondent(s): No appearance

¶28

Order

¶29

Heard.

¶30

This Transfer Civil Miscellaneous Petition is filed under Section 24 of

¶31

the Code of Civil Procedure, 1908, seeking withdrawal of H.M.O.P. No.119 of 2025 from the file of the Sub Court, Ambasamudram and transfer of the same to

¶32

the file of the Family Court, Chennai, for disposal in accordance with law.

¶33

Page2 of 6

¶34

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

¶35

TR CMP No. 85 of 2026

¶36

The petitioner is the wife. The marriage between the petitioner and the respondent was solemnized on 16.09.2015 at Manikandan Mahal, Ambasamudram, as per Hindu rites and customs. The matrimonial original petition, H.M.O.P. No.119 of 2025, has been filed by the respondent/husband before the Sub Court, Ambasamudram seeking dissolution of marriage.

¶37

It is the case of the petitioner that she is working at Egmore, Chennai, and is taking care of a minor child aged about 10 years. It is her case that she would be put to serious hardship if required to travel frequently to Ambasamudram for each and every hearing. The petitioner is the sole care giver of the minor child and cannot undertake frequent travel would disrupt the child’s schooling and routine work.

¶38

Notice was ordered. Despite service of notice, none appeared on behalf of the respondent. The Court, therefore, proceeds to consider the request on merits.

¶39

In transfer petitions arising out of matrimonial proceedings, the Court is required to consider the comparative hardship and balance of convenience. The petitioner-wife is employed at Chennai and is also saddled with the responsibility of taking care of a school-going minor child. Frequent long-

¶40

Page3 of 6

¶41

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

¶42

TR CMP No. 85 of 2026

¶43

distance travel to Ambasamudram would cause avoidable hardship. The transfer sought is to the Family Court at Chennai, which is a competent forum to try and dispose of the matrimonial OP.

¶44

In view of the above circumstances, this Court is satisfied that the transfer sought deserves to be ordered.

¶45

In the result, Tr.C.M.P. No.85 of 2026 is allowed. H.M.O.P. No.119 of 2025 pending on the file of the Sub Court, Ambasamudram is withdrawn and transferred to the file of the Family Court, Chennai, for disposal in accordance with law. The Sub Court, Ambasamudram shall transmit the entire records in H.M.O.P. No.119 of 2025 to the Family Court, Chennai, within three weeks from the date of receipt of a copy of this order. On receipt of records, the Family Court, Chennai shall dispose of the matter in accordance with law, as expeditiously as possible, uninfluenced by any observations made in this order. Consequently, C.M.P. No.2007 of 2026 is closed. No costs.

¶46

24-02-2026

¶47

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

¶48

MFA

¶49

__________ Page4 of 6

¶50

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

¶51

TR CMP No. 85 of 2026