TR CMP. No.383 of 2025 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 30-06-2026 CORAM THE HON'BLE MR.JUSTICE P.B. BALAJI TR.CMP. No.383 of 2025 and CMP. No.8454 of 2025 Pandeeswari @ Sharmila ..Petitioner(s) Vs Rajivgandhi ..Respondent(s) PRAYER: This Transfer Civil Miscellaneous Petition is filed under Section 24 of the CPC, to withdraw the petition in the O.P. No.122 of 2024 pending on the file of the Sub Court, Thiruvarur and transfer the same to the learned Principal Sub Court, Kumbakonam. For Petitioner(s): For Respondent(s): Mr.C.Santhosh Kumar Mr.L.Ramu ORDER The petitioner has filed this Transfer Civil Miscellaneous Petition seeking transfer of O.P. No.122 of 2024, pending on the file of the Sub Court, Thiruvarur to the Principal Sub Court, Kumbakonam. 2. Heard learned counsel for the petitioner and the learned counsel for the respondent. https://www.mhc.tn.gov.in/judis TR CMP. No.383 of 2025 __________ Page2 of 4 3. According to the learned counsel for the petitioner, the petitioner has to take care of the aged parents and who are also sick and she is not in a position to travel up and down 100 kms for every single hearing. He would therefore pray for the transfer application being ordered. 4. Per contra, learned counsel appearing for the respondent would state that the distance between the Sub Court, Thiruvarur and Sub Court, Kumbakonam is only about 45 kms and the petitioner is admittedly able bodied and she can easily cover the distance to attend the proceedings without any inconvenience whatsoever. She would also state that the matter is at trial stage and petitioner is in the box has to be cross examined by the learned counsel for the petitioner/wife. 5. Considering the above, I do not see any requirement to accede to the request for transfer at this juncture. The petitioner is not prejudiced in any manner, if she is going to attend the proceedings on the dates when her presence is required and not for all hearings and the matter is also not before the Family Court, where the presence of the parties is mandatory, and it is only a Sub Court hearing the divorce petitions. 6. In such circumstances, the Transfer Civil Miscellaneous Petition is disposed of in the following manner:- https://www.mhc.tn.gov.in/judis TR CMP. No.383 of 2025 __________ Page3 of 4 (i) The request for transfer from Sub Court, Thiruvarur to the learned Principal Sub Court, Kumbakonam is dismissed. (ii) The learned Sub Judge, Thiruvarur, shall not ordinarily insist on the presence of the petitioner/wife for all hearing dates, except when the petitioner presence is absolutely necessary for the purposes of examining herself in chief and cross and probably, for instructing her Counsel for cross examination of petitioner's witnesses. If and when the petitioner appears, the petitioner shall be compensated for the expenses and the respondent/husband shall pay a sum of Rs.2,000/- (Rupees Two Thousand only) for each hearing, the respondent attends the proceedings before the Thiruvarur. This way equity will prevail and the proceedings can also be expedited. The Family Court, shall dispose of HMOP No.122 of 2024, within a period of six (6) months on or before 31.01.2027. Consequently, connected Miscellaneous Petition is also closed. No costs. 30-06-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No RKP To The Principal Sub Judge, Kumbakonam. https://www.mhc.tn.gov.in/judis TR CMP. No.383 of 2025 __________ Page4 of 4 P.B.BALAJI J. RKP TR.CMP. No.383 of 2025 and CMP. No.8454 of 2025 30-06-2026 https://www.mhc.tn.gov.in/judis