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2025 DAILYLAW 40348 (MAD)

AGNI INDRA SUBRAMANIAM v. KARTHIK SUBRAMANIAN

TR CMP/372/2025 · 2025-06-18

P B Balaji

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Tr.C.M.P.No.372 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated :18.06.2025 CORAM: THE HON'BLE MR. JUSTICE P.B. BALAJI Tr.C.M.P.No.372 of 2025 and C.M.P.No.8296 of 2025 Agni Indra Subramaniam .... Petitioner vs Karthik Subramanian ... Respondent Tr.Civil Revision Petition filed under Section 24 of Civil Procedure Code seeking to withdraw HMOP No.374 of 2025 pending on the file of III Additional Family Court, Chennai and transfer the same to Sub Court, Alandur. For Petitioner : Ms.A.Rajeswari For Respondent : Mrs.R.Varalakshmi ORDER The petitioner/wife seeks transfer of HMOP No.374 of 2025 pending on the file of Family Court, Chennai, which is filed for dissolution of marriage between the petitioner and the respondent. The said HMOP has been filed by the respondent/husband. 1/4 https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.372 of 2025 2. The case of the petitioner/wife is that the petitioner resides in Chrompet and it is inconvenient for her to attend the hearings at Family Court, Chennai and therefore, she seeks transfer of HMOP No.374 of 2025 to the file of Subordinate Court, Alandur and also states that the respondent/husband would not be prejudiced if the case is transferred to Subordinate Court, Alandur since appearance of the respondent/husband is not mandatory before the Subordinate Court. 3. Learned counsel for the petitioner/wife further states that prior to the filing of HMOP No.374 of 2025 by the respondent/husband, the petitioner/wife filed yet another petition in OP No.296/2025 before Subordinate Court, Alandur and therefore, it would be just and proper if both the petitions are taken up together. 4. Considering the fact that HMOP No.374 of 2025, filed by the respondent/husband, is only at the state of counselling and no doubt, both the petitions have to be taken up together and however, this Court as well as Hon'ble Supreme Court have repeatedly held that wife's convenience is of paramount importance. However, I do not find any serious inconvenience or 2/4 https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.372 of 2025 difficulty for the petitioner/wife for attending the hearings at Family Court, Chennai. The only ground that has been taken seeking transfer is that the petitioner/wife is residing along with her brother at Chrompet and nobody is there to assist her. From Chrompet, there is a direct train to reach the Family Court, Chennai and therefore, there will be no difficulty for the petitioner/wife to attend the hearings at Family Court, Chennai. The Family Court also being a specially dedicated Court, will be better equipped to handle matrimonial disputes. 5. Admittedly, the petitioner/wife filed O.P.No.296 of 2025,which is pending before Subordinate Court, Alandur. Therefore, in the interest of justice, O.P.No.296/2025, filed by the petitioner/wife which is pending before the Subordinate Court, Alandur is transferred to Family Court, Chennai to be jointly tried with OP No.372 before III Additional Family Court, Chennai. 6. The physical presence of the petitioner/wife shall not be insisted by the III Additional Family Court, Chennai on all hearing dates, unless when it is absolutely necessary . 3/4 https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.372 of 2025 P.B.BALAJI.,J. sr 7. The Subordinate Court, Alandur is directed to send the entire records relating to O.P.No.296 of 2025 to the file of III Additional Family Court, Chennai forthwith. 8. In the result, Tr.C.M.P is dismissed. No costs. Consequently, connected miscellaneous petition is closed. 18.06.2025 Index: Yes/No Website:yes/no Speaking Order/Non-Speaking Order sr To 1. The III Additional Family Court, Chennai 2. The Subordinate Court, Alandur Tr.C.M.P.No.372 of 2025 4/4 https://www.mhc.tn.gov.in/judis