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2025 DAILYLAW 2992 (MAD)

Maheswari, v. V.Rangarajan,

TR CMP/1129/2025 · 2026-03-16

R Kalaimathi

Transfer Petitionbody2025

Judgment text

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Tr.C.M.P.No.1129 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 16.03.2026 CORAM THE HON'BLE Mrs.JUSTICE R.KALAIMATHI Tr.C.M.P.No.1129 of 2025 and C.M.P.No.25604 of 2025 Maheswari ... Petitioner Vs V.Rangarajan ... Respondent PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, to withdraw the H.M.O.P.No.181 of 2024 from the file of the Subordinate Court at Chidambaram and transfer the same to the file of the Subordinate Court at Tindivanam. For Petitioner : Mr.P.Asai Thambi For Respondent : No Appearance ORDER Heard the learned counsel for the petitioner. 1/5 https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.1129 of 2025 2. This Transfer Civil Miscellaneous Petition is taken out by the wife / respondent to order to transfer H.M.O.P.No.181 of 2024 on the file of the Subordinate Court at Chidambaram and to transfer the same to the file of Subordinate Court at Tindivanam. 3. Petitioner/wife would aver that at present she has been residing along with her parents at Tindivanam and she has got three year old girl child. She would also further add that owing to her poor economic condition, she is not in a position to travel Chidambaram for all the hearings. Hence this present petition. 4. When the matter came up on 06.02.2026 and on 11.03.2026, none represented the respondent. Hence, the matter stands posted today. 5. The principles regarding transfer petitions, more specifically in the matters of matrimonial cases are well settled by the Hon’ble Supreme Court in the following cases:- “i. In AIR 2000 SC 3512 (1) (Mona Aresh Goel vs. Aresh Satya Goel), when the wife pleaded that she was unable to bear the traveling expenses and 2/5 https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.1129 of 2025 even to travel alone and stay at Bombay, the Supreme Court ordered transfer of proceedings. ii. In 2000 (10) SCC 304 (Geeta Heera Vs. Harish Chander Heera), the Hon’ble Supreme Court has held that where the petitioner's wife has pleaded lack of money, the same has to be considered. 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 Hon’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.” 6. On perusal of petition filed in H.M.O.P.No.181 of 2024, it appears that petitioner/husband is the resident of Cuddalore District (Chidambaram Taluk) and the respondent/husband is the resident of Villupuram District (Periyathatchur Village, Thindivanam). 7. In consideration of the aforestated details, the request of the petitioner / wife appears to be based on justifiable cause and accordingly, this Transfer Civil Miscellaneous Petition is allowed. Sequel to this, H.M.O.P.No.181 of 2024 pending on the file of the Subordinate Court at Chidambaram is withdrawn and transferred to the file of the 3/5 https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.1129 of 2025 Subordinate Court at Tindivanam. The Subordinate Court, Tindivanam on receipt of the records to try and dispose of the matter in accordance with law at the earliest. No Costs. Consequently, connected Civil Miscellaneous Petition is closed. 16.03.2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No ssn To 1. The Subordinate Court, Chidambaram. 2. The Subordinate Court, Tindivanam. 3. The Section Officer, V.R.Section, High Court, Madras. 4/5 https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.1129 of 2025 R.KALAIMATHI, J., ssn Tr.C.M.P.No.1129 of 2025 and C.M.P.No.25604 of 2025 16.03.2026 5/5 https://www.mhc.tn.gov.in/judis