TR CMP No. 564 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 03-07-2026 CORAM THE HON'BLE MR.JUSTICE P.B. BALAJI TR CMP No. 564 of 2026 and CMP No.15951 of 2026 Premkumar, S/o. Jaishankar, No.17B, Selliamman Kovil St, Tondiarpet, Chennai 081. ..Petitioner(s) Vs Rekha. W/o. Premkumar, No.13B, Selliamman Kovil St, Tondiarpet, Chennai 081. ..Respondent(s) Prayer: Transfer Civil Miscellaneous Petition is filed under Section 24 of CPC to withdraw the main Original Petition in OP No.3385 of 2025 on the file of V Additional Family Court, Chennai and transfer the same to the file of any other Family Court at Chennai for disposal in accordance with law. For Petitioner(s): Mr. P.Raja ORDER The Transfer Civil Miscellaneous petition has been filed seeking transfer of OP No.3385 of 2025 on the file of V Additional Family Court, Chennai to the file of any other Family Court at Chennai for disposal in accordance with law. __________ Page1 of 5 https://www.mhc.tn.gov.in/judis TR CMP No. 564 of 2026 2. Heard the learned counsel for the petitioner. 3. The petitioner is husband of the respondent and he filed the above said original petition seeking divorce. The grievance of the petitioner is that, pending OP No.3385 of 2025, the respondent preferred an application in I.A.No.1 of 2025 seeking interim maintenance. In the said application, the petitioner took out an interlocutory application stating that the respondent/wife is bound to file and disclose her assets and liabilities in terms of dictum of the Hon’ble Supreme Court in Rajnesh Vs. Neha (2021) 2 SCC 324. However, the said application has been returned and not entertained by the court below. Citing this as a reason and that the court is prejudiced against the petitioner, this transfer petition has been filed. 4. On going through the records, I find that the interlocutory application filed by the petitioner/husband, subsequent to the filing of the maintenance application in I.A.No.1 of 2025 filed by his wife, has been returned by the court below with an endorsement, as extracted hereunder.:- “ How the petitioner can ask for such a prayer to be stated. If the respondent does not produce it, then adverse inference can be drawn.”s __________ Page2 of 5 https://www.mhc.tn.gov.in/judis TR CMP No. 564 of 2026 5. The petitioner, even without re-presenting the said application, straight away, has chosen to make allegations against the Presiding Officer and filed this petition. I do not find any justifiable grounds made out to transfer the proceedings. If at all the petitioner is of the view that this application is maintainable in law and in line with the dictum of the Hon’ble Supreme Court, it is for the petitioner to re-present it and if so, the V Additional Family Court, Chennai shall hear the maintainability of the application in open court and thereafter, pass orders in accordance with law. In any event, this is not a ground for transfer of the case from the file of V Additional Family Court, Chennai. 6. Though the learned counsel for the petitioner also invited my attention to the complaints said to have been lodged by the respondent/wife against the petitioner for having married a second time, without obtaining a divorce decree against the respondent and subsequently the police authorities also having taken on file the complaint and NBW warrant has been issued, it is for the petitioner to defend the said proceedings in a manner known to law. Filing a transfer petition is not a solution to any of his grievances. Therefore, I find no merits in this transfer miscellaneous petition. __________ Page3 of 5 https://www.mhc.tn.gov.in/judis TR CMP No. 564 of 2026 7. Accordingly, this transfer civil miscellaneous stands dismissed. There shall be no order as to costs. Connected miscellaneous petition is closed. 03-07-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No MST To The V Additional Judge, Family Court, Chennai. __________ Page4 of 5 https://www.mhc.tn.gov.in/judis TR CMP No. 564 of 2026 P.B.BALAJI, J. MST TR CMP No. 564 of 2026 03-07-2026 __________ Page5 of 5 https://www.mhc.tn.gov.in/judis