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2026 DAILYLAW 44668 (MAD)

B. Nigileswari v. S. Kumaran

TR CMP/44/2026 · 2026-06-25

T V Thamilselvi

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

TR CMP No. 44 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25-06-2026 CORAM THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI TR.C.M.P.No.44 of 2026 and C.M.P.No.1103 of 2026 B. Nigileswari D/o. N. Babu, No.783/1-Quid-e-milath Street, R M I Nagar, Puthupattinam, Kalpakkam, Chengalpattu - 603 102. ..Petitioner(s) Vs S. Kumaran S/o. K. Sakthivel, No.122/12, Ellaiamman Kovil Street, Nochikuppam, Mylapore, Chennai – 600 004. ..Respondent(s) Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C., praying to pass an order, withdraw and transfer the H.M.O.P.No.3534 of 2025 pending on the file of V Additional Family Court, Chennai to the file of Sub- Ordinate Court, Chengalpattu for disposal on merits. For Petitioner(s): Mr.A.Prabhakaran For Respondent(s): Mr.N.Vinayakamoorthy https://www.mhc.tn.gov.in/judis TR CMP No. 44 of 2026 __________ Page2 of 6 ORDER This Transfer Civil Miscellaneous Petition has been filed to withdraw the case in H.M.O.P.No.3534 of 2025 on the file of the V Additional Family Court, Chennai and transfer the same to the Subordinate Court, Chengalpattu. 2.Heard both sides and perused the materials available on record. 3.Learned counsel for the petitioner submits that the respondent filed a divorce petition in H.M.O.P.No.3534 of 2025 before the V Additional Family Court, Chennai. He submits that the petitioner has 8 years old child and residing with her parents at Chengalpattu. Further, the petitioner is the only daughter of her aged parents, who are suffering with various bodily ailments and having moral obligation of taking care of them and in view of the same, she is finding it very difficult to travel to Family Court, Chennai. He further submits that if the above H.M.O.P is not transferred, the petitioner will suffer huge loss and greatly be prejudiced. Therefore, he prays to transfer the case to the Subordinate Court, Chengalpattu. 4.Learned counsel for the respondent submits that the respondent is residing in Chennai and has raised serious objection in transferring the case from Chennai to Chengalpattu. https://www.mhc.tn.gov.in/judis TR CMP No. 44 of 2026 __________ Page3 of 6 5.I have gone through the affidavit filed in support of the transfer petition as well. I find merit in the submissions made by the learned counsel on either side. 6.Considering the facts and circumstances of the case, the submission made by the learned counsel on either side and considering the fact that both the petitioner has 8 years old child as well as the petitioner is residing in Chengalpattu, this Court is inclined to transfer the case on the file of the V Additional Family Court, Chennai to the file of the Subordinate Court, Chengalpattu. Accordingly, the case in H.M.O.P.No.3534 of 2025 is hereby withdrawn from the file of the V Additional Family Court, Chennai and transferred to the file of the Subordinate Court, Chengalpattu. After receipt of the case papers from the V Additional Family Court, Chennai, the Subordinate Court, Chengalpattu is directed to send a notice to the respondent within four weeks. After due service of notice, the Subordinate Court, Chengalpattu is directed to proceed with the matter in the manner known to law. https://www.mhc.tn.gov.in/judis TR CMP No. 44 of 2026 __________ Page4 of 6 7.Accordingly, this Transfer Civil Miscellaneous Petition is allowed. No costs. Consequently, connected Civil Miscellaneous Petition is closed. 25-06-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No PAM https://www.mhc.tn.gov.in/judis TR CMP No. 44 of 2026 __________ Page5 of 6 To 1.The V Additional Family Court, Chennai. 2.The Subordinate Court, Chengalpattu. https://www.mhc.tn.gov.in/judis TR CMP No. 44 of 2026 __________ Page6 of 6 T.V.THAMILSELVI, J. PAM TR.C.M.P.No.44 of 2026 and C.M.P.No.1103 of 2026 25-06-2026 https://www.mhc.tn.gov.in/judis