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2025 DAILYLAW 3095 (MAD)

B.Theboral v. J.Jordan Robinson

TR CMP/996/2025 · 2026-04-01

R Kalaimathi

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

TR CMP No. 996 of 2025 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 01-04-2026 CORAM THE HON'BLE MRS.JUSTICE R. KALAIMATHI TR CMP No. 996 of 2025 & CMP.No.22345 of 2025 B.Theboral D/o. Bahavathi Sundaram, No.2/352, Poovarasam Poo Street, Chengalpattu Puthu Nagar, Mannivakkam, Vellore - 600 048. ..Petitioner(s) Vs J.Jordan Robinson S/o. Jaiprabhu, No.90, Srinivasa Nagar, Makkan, Vellore - 632 004. ..Respondent(s) 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. For Petitioner(s): Mr.M.V.Bibin Mahesh For Respondent(s): Mr.J.Muthukumaran https://www.mhc.tn.gov.in/judis TR CMP No. 996 of 2025 __________ Page2 of 6 ORDER Heard the learned counsel for the petitioner and the learned counsel for the respondent. 2. 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. 3. 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. 4. Per contra, the learned counsel for the respondent does not have any serious objection in ordering the Transfer Civil Miscellaneous Petition. 5. 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:- i. In AIR 2000 SC 3512 (1) (Mona Aresh Goel vs. Aresh Satya Goel), when the wife pleaded that she https://www.mhc.tn.gov.in/judis TR CMP No. 996 of 2025 __________ Page3 of 6 was unable to bear the travelling expenses and 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 Honâ 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 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.” 6. 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. 7. 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, https://www.mhc.tn.gov.in/judis TR CMP No. 996 of 2025 __________ Page4 of 6 O.P.No.221 of 2025 pending on the file of the Principal Family Court, Vellore 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. 01-04-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No vrc To 1. The Principal Family Court, Vellore. 2. The Subordinate Court, Alandur. https://www.mhc.tn.gov.in/judis TR CMP No. 996 of 2025 __________ Page5 of 6 R.KALAIMATHI, J. vrc TR CMP No. 996 of 2025 01-04-2026 https://www.mhc.tn.gov.in/judis TR CMP No. 996 of 2025 __________ Page6 of 6 To J.Jordan Robinson S/o. Jaiprabhu, No.90, Srinivasa Nagar, Makkan, Vellore - 632 004. https://www.mhc.tn.gov.in/judis