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B.Theboral v. J.Jordan Robinson

Madras HC1 Apr 2026TR CMP/996/2025

Case brief

AI extract

What is this about?

Keywords: transfer petition; matrimonial case; wife's convenience; difficulty travelling Chennai to Vellore; Section 151 C.P.C.; TR CMP No. 996 of 2025; O.P.No.221 of 2025 divorce petition; Principal Family Court Vellore; Subordinate Court Alandur; husband raised no objection; precedents relied on: Mona Aresh Goel AIR 2000 SC 3512 (1); Geeta Heera 2000 (10) SCC 304; Lalita A. Ranga (2009) 9 SCC 355; High Court of Judicature at Madras; Justice R. Kalaimathi; decision dated 01-04-2026; connected CMP.No.22345 of 2025 closed; no costs.

What did the court decide?

O.P.No.221 of 2025 transferred from the Principal Family Court, Vellore to the Subordinate Court, Alandur; Subordinate Court directed to dispose of it at the earliest; no costs imposed; connected Civil Miscellaneous Petition (CMP.No.22345 of 2025) closed. ¶40

B.Theboral Vs J.Jordan Robinson — Madras HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Transfer Civil Miscellaneous Petition should be allowed, i.e., whether O.P.No.221 of 2025 pending before the Principal Family Court, Vellore should be withdrawn and transferred to the Subordinate Court, Alandur because the wife cannot conveniently travel from Chennai to Vellore.

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Court's answer

The wife's request to transfer O.P.No.221 of 2025 from the Principal Family Court, Vellore appears to be based on justifiable cause, and accordingly the Transfer Civil Miscellaneous Petition is allowed.

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Ratio / Principle

O.P.No.221 of 2025 is withdrawn from the Principal Family Court, Vellore and transferred to the file of the Subordinate Court, Alandur, which is directed to take all effective steps to dispose of it at the earliest.

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Detailed headnote1 paragraphs

Transfer of matrimonial proceeding - wife's travelling inconvenience (Madras High Court, R. Kalaimathi J., 01-04-2026, TR CMP No. 996 of 2025): The petitioner-wife, respondent in O.P.No.221 of 2025 (divorce petition filed by her husband) before the Principal Family Court, Vellore and residing at her parents' home in Chennai, sought transfer of that proceeding to the Subordinate Court, Alandur under Section 151 C.P.C., pleading inability to travel from Chennai to Vellore for hearing dates. The respondent-husband raised no serious objection. Relying on Mona Aresh Goel vs. Aresh Satya Goel (AIR 2000 SC 3512 (1)), Geeta Heera Vs. Harish Chander Heera (2000 (10) SCC 304) and Lalita A. Ranga Vs. Ajay Champalal Ranja ((2009) 9 SCC 355), the Court found the request based on justifiable cause, allowed the petition, withdrew O.P.No.221 of 2025 from the Principal Family Court, Vellore, transferred it to the Subordinate Court, Alandur with directions to dispose of it at the earliest, recorded no costs, and closed the connected CMP.

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TR CMP No. 996 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 01-04-2026

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CORAM

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THE HON'BLE MRS.JUSTICE R. KALAIMATHI

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TR CMP No. 996 of 2025 & CMP.No.22345 of 2025

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B.Theboral

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D/o. Bahavathi Sundaram, No.2/352, Poovarasam Poo Street, Chengalpattu Puthu Nagar, Mannivakkam, Vellore - 600 048.

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..Petitioner(s)

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J.Jordan Robinson S/o. Jaiprabhu, No.90, Srinivasa Nagar, Makkan, Vellore - 632 004.

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..Respondent(s)

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Prayer : Transfer Civil Miscellaneous Petition is filed under Section 151 of C.P.C. to withdraw the O.P. No.221/2025, pending on the file of the Honble Court at Vellore, and transfer the same to the Honble Sub-Court at Alandur.

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For Petitioner(s): Mr.M.V.Bibin Mahesh

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For Respondent(s): Mr.J.Muthukumaran

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__________ Page1 of 6

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

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TR CMP No. 996 of 2025

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ORDER

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Heard the learned counsel for the petitioner and the learned counsel for

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the respondent.

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The petitioner is the respondent [wife] in O.P.No.221 of 2025 on the file of the Principal Family Court, Vellore which is filed for an order of divorce. She has filed this Transfer Civil Miscellaneous Petition seeking to transfer the said Original Petition to the file of Subordinate Court, Alandur by stating that she is not in a position to travel from Chennai to Vellore.

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Reiterating the said contention, the learned counsel for the petitioner would further add that she is living in her parents’ home at Chennai and she finds it difficult to travel from Chennai to Vellore for all the hearing dates.

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Per contra, the learned counsel for the respondent does not have any serious objection in ordering the Transfer Civil Miscellaneous Petition.

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The principles regarding transfer petitions, more specifically in the matters of matrimonial cases are well settled by the Honâ’ble Supreme Court in the following cases:-

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i. In AIR 2000 SC 3512 (1) (Mona Aresh Goel

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vs. Aresh Satya Goel), when the wife pleaded that she

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Page2 of 6

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

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TR CMP No. 996 of 2025

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was unable to bear the travelling expenses and even to travel alone and stay at Bombay, the Supreme Court ordered transfer of proceedings.

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ii. In 2000 (10) SCC 304 (Geeta Heera Vs. Harish Chander Heera), the Honâ ble Supreme Court has held that where the petitioner's wife has pleaded lack of money, the same has to be considered.

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iii. In Lalita A. Ranga Vs. Ajay Champalal Ranja reported in (2009) 9 SCC 355 , wherein the wife, who was having small child and she was finding it difficult to travel from Jaipur to Bombay, and the Honâ ble Apex Court accepting her request ordered the transfer petition in favour of the wife transferring the transfer petition from Family Court at Bandra in Mumbai to the Family Court at Jaipur.”

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On perusal of petition filed O.P.No.221 of 2025, it appears that petitioner/husband is the resident of Vellore and the respondent/wife is resident of Chennai.

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In consideration of all the details mentioned supra, petitioner/wife request to transfer O.P.No.221 of 2025 which is pending before the Principal Family Court, Vellore appears to be based on justifiable cause and accordingly, this Transfer Civil Miscellaneous Petition is allowed. Sequel to this,

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Page3 of 6

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

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TR CMP No. 996 of 2025

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O.P.No.221 of 2025 pending on the file of the Principal Family Court, Vellore

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is withdrawn and transferred to the file of the Subordinate Court, Alandur. The Subordinate Court, Alandur shall take all effective steps to dispose of the O.P.No.221 of 2025 at the earliest. No Costs. Consequently, connected Civil Miscellaneous Petition is closed.

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01-04-2026

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

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vrc

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