Tr.C.M.P No.476 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated :03.07.2025 CORAM: THE HON'BLE MR. JUSTICE P.B. BALAJI Tr.C.M.P.No.476 of 2025 and CMP No.11271 of 2025 Mrs.J.K.Josphia Gladlin ... Petitioner vs Samuel Jones .. Respondent Petition filed under Section 24 of Civil Procedure Code to withdraw Divorce Petition in IDOP No.35 of 2025 from the file of District Court, Kancheepuram District and to transfer the same to Family Court, Tirunelveli District. For Petitioner : Mr.M.Sarfudeen Ali Ahamed For Respondents : Mr.P.Rajadurai ORDER The petitioner/wife seeks to transfer the proceedings in IDOOP No.35 of 2025 from the file of District Court, Kancheepuram to Family Court,Tirunelveli. 2. The specific case of the petitioner/wife is that she resides with her parents at Tirunelveli and she is also having one year old child, to be taken care of and therefore, it would be highly inconvenient for the petitioner/wife to 1/4 https://www.mhc.tn.gov.in/judis Tr.C.M.P No.476 of 2025 attend the hearings at District Court, Kancheepuram. 3. Per contra, learned counsel for the respondent/husband relying on the typed set of papers and also the averments in the counter affidavit, would specifically deny the self serving claim of the petitioner that the petitioner/wife resides at Tirunelveli. Learned counsel further submits that the petitioner is very much residing in Chennai and in an Apartment for which rent and electricity consumption charges have been serviced by the respondent/husband. Learned counsel also invites my attention to the rental agreement and also the electricity receipt dated 10.05.2025. He further submits that the respondent/husband is employed in Porur and it will be difficult for the respondent/husband to attend the hearings at Family Court where his presence would be required for all hearing dates and therefore, learned counsel prays for dismissal of the petition. 4. I have carefully considered the submissions advanced by the learned counsel on either side. 5. Insofaras the claim of the respondent/husband that the petitioner/wife resides only at Chennai in an Apartment that has been identified by the 2/4 https://www.mhc.tn.gov.in/judis Tr.C.M.P No.476 of 2025 respondent/husband, I am able to see from the petition in IDOP No.35 of 2025 filed in March 2025 that the respondent/husband himself has only disclosed the address of the petitioner herein/respondent in IDOP No.35 of 2025 as Door No.114A, Teachers Colony, Meetpar Nagar, Perumalpuram, Palayankottai Circle, Tirunelveli District-627007. Learned counsel for the petitioner/wife also states that notice was served on IDOP No.35 of 2025 only on the said address at Tirunelveli. 6. In the light of the above and also considering the fact that the petitioner has one year old child, to be taken care of, the paramount consideration should be the convenient of the wife, who is the petitioner herein, I am inclined to entertain the petition. 7. Accordingly, Tr.C.M.P. is allowed and the proceedings in IDOP No.35 of 2025, pending on the file of District Court, Kancheepuram is withdrawn and transferred to Family Court, Tirunelveli. 8. The District Court, Kancheepuram is directed to send the entire records relating to IDOP No.35 of 2025 to Family Court, Tirunelveli forthwith. P.B.BALAJI.,J. 3/4 https://www.mhc.tn.gov.in/judis Tr.C.M.P No.476 of 2025 sr 9. However, in order to balance equity, it is made clear that the Family Court, Tirunelveli shall not insist the physical presence of the respondent/husband on all hearing dates, unless when it is absolutely necessary and shall permit the counsel to represent the respondent/husband on other regular hearing dates. No costs. Consequently, connected miscellaneous petition is closed. 03.07.2025 Index: Yes/No Website:yes/no Speaking Order/Non-speaking Order sr To 1. The District Court, Kancheepuram 2. The Family Court, Tirunelveli Tr.C.M.P.No.476 of 2025 4/4 https://www.mhc.tn.gov.in/judis