TR CMP Nos. 292 and 402 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 14-07-2026 CORAM THE HON'BLE MR.JUSTICE P.B. BALAJI TR CMP No. 292 of 2026 and CMP No.8324 of 2026 and TRCMP No.402 of 2026 and CMP No.11634 of 2026 U.Mouriya, W/O. V.Vamsi Krishna, D/o. C.Udayakuamr, No.31, TNHB, Phase- I, Thirupathur, Thirupathur Taluk, Thirupathr District - 635601. ..Petitioner(s) in both Tr CMP Vs V.Vamsi Krishna, S/O. G.Venkatesan, No.22/67, Gangai Amman Kovil Street, Krishnapuram, Ambur, Ambur Taluk, Thirupathur District - 635802. ..Respondent(s) in both Tr CMP. Prayer in Tr CMP No.292 of 2026: Transfer Civil Miscellaneous Petition is filed under Section 24 of CPC to withdraw G.W.O.P.No.12 of 2026 pending on the file of the Principal District judge at Thirupathur and transfer the same to the file of Family Court at Chennai. Prayer in Tr CMP No.402 of 2026: Transfer Civil Miscellaneous Petition is filed under Section 24 of CPC to withdraw HMOP No.157 of 2025 pending on the file of the Sub Court, Thirupathur and transfer the same to the file of Family Court at Chennai. __________ Page1 of 7 https://www.mhc.tn.gov.in/judis TR CMP Nos. 292 and 402 of 2026 For Petitioner(s): Mr.Hasan Fizal for Mr. T.M.Rajangam in both Tr CMPs. For Respondent(s): Mr.Pa.Sudesh Kumar ORDER Both the Transfer Civil Miscellaneous Petitions have been filed to withdraw G.W.O.P.No.12 of 2026 pending on the file of the Principal District judge at Thirupathur and also HMOP No.157 of 2025 pending on the file of the Sub Court, Thirupathur and transfer the same to the file of Family Court at Chennai. 2. Heard the learned counsel for the petitioner and the learned counsel for the respondent. 3. The petitioner is wife in both GWOP No.12 of 2026, filed by the husband seeking custody of child and HMOP No.157 of 2025 filed by her seeking divorce. 4. The learned counsel for the petitioner/wife in both transfer civil miscellaneous petitions, states that the petitioner and the respondent are presently residing at Chennai and the learned counsel for the petitioner taking me through the typed set of papers and also the documents that have been relied __________ Page2 of 7 https://www.mhc.tn.gov.in/judis TR CMP Nos. 292 and 402 of 2026 on by the respondent /husband himself, would state that there is a concrete evidence that the petitioner as well as the respondent are operating out of Chennai presently and hence, in the interest of both the parties, it would be convenient that if the matters are transferred to the Principal Family Court, Chennai or any of the Additional Family Courts, Chennai, competent to take up the matter. 5. The learned counsel appearing for the respondent, however, states that the petitioner has relied on a fabricated rental agreement, which does not even contain a schedule, only for the purpose of filing this transfer CMP. He would further states that the petitioner is a resident of Thirupathur, where a female child is also residing along with parents of the petitioner. He further states that since the minor female child is residing within the jurisdiction of Tirupathur, the GWOP cannot be transferred outside of such court. 6. I have carefully considered the submissions made by the counsel and also gone through the documents relied on by the counsel for the parties. 7. The petitioner has filed her employment confirmation certificate which clearly evidences the fact that she is residing in Chennai and is also employed here. The address mentioned in the said employment certificate matches with the address mentioned in the rental agreement, dated 20.10.2025. __________ Page3 of 7 https://www.mhc.tn.gov.in/judis TR CMP Nos. 292 and 402 of 2026 8. In view of the above, I am unable to doubt the genuineness of the claim of the petitioner that she is presently employed in Chennai. Admittedly, the respondent himself has come on record stating that he is a Branch Manager, in- charge of Bank auctions and is operating out of Chennai. In fact, I further find that the respondent has already authorised his father to represent him and appear before the court and he has already indicated the court that he is not a position to attend the proceedings filed by him before the court at Thirupathur. Therefore, it would be just and convenient for both the parties to have the cases, to be tried before the Family Court at Chennai. In so far as the contention of the learned counsel for the respondent that the child will have to be presented in the family court frequently is concerned, I am unable to see any merits in the said submission. If at all, the learned Judge, who is presiding over the family court matters, intends to interact with the minor child, it can be done, after ascertaining the convenience of the minor child on a particular date, and it is not required that the minor child will have to be presented on all hearing dates of the guardian OP. 9. In view of the above, both the transfer petitions are allowed in the following manner:- i) GWOP No.12 of 2026 is withdrawn from the file of Principal District Court, Thirupathur and same is transferred to the file of Principal Family Court, __________ Page4 of 7 https://www.mhc.tn.gov.in/judis TR CMP Nos. 292 and 402 of 2026 Chennai. ii) The HMOP No.157 of 2025 is withdrawn from the file of Sub Court, Thirupathur and the same is transferred to the file of Principal Family Court, Chennai. iii) The Principal Family Court, Chennai, at its discretion, shall take up both GWOP No.12 of 2026 and HMOP No.157 of 2025 or assign it to any of the Additional Family Courts, competent to try the GWOP as well, subject to the pendency of cases and work load of Family Courts here at Chennai. iv) The Family Court, to which, the matters are assigned and being taken up, shall not insist on the physical presence of the respondent/husband for all hearings, except where the presence of the respondent/husband would be absolutely necessary say for the purpose of recording his evidence, in chief and cross. v) It shall be open to the respondent/husband to engage the services of an advocate to represent him before the Family Court, Madras. vi) The Principal District Court, Thirupathur is directed to send the entire records relating to GWOP No.12 of 2026 to the file of Principal Family Court, Chennai forthwith. vii) The Sub Court, Thirupathur is directed to send the entire records relating to HMOP No.157 of 2025 to the file of Principal Family Court, Chennai forthwith. __________ Page5 of 7 https://www.mhc.tn.gov.in/judis TR CMP Nos. 292 and 402 of 2026 viii) Considering the fact that the minor child is already 8 years old and HMOP has been filed in the month of July 2025 and the same is pending almost a year, either the learned Principal District Judge, Family Court or the court to which the matters are posted at the discretion of the Principal Family Court shall expedite a joint hearing of both GWOP No.12 of 2026 and HMOP No.157 of 2025 and in any event shall dispose of the same on or before 30.04.2027. There shall be no order as to costs. Connected miscellaneous petitions are closed. 14-07-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No MST To 1. The Principal District judge, Thirupathur. 2. The Subordinate Judge, Thirupathru. __________ Page6 of 7 https://www.mhc.tn.gov.in/judis TR CMP Nos. 292 and 402 of 2026 P.B.BALAJI, J. MST TR CMP Nos. 292 and 406 of 2026 14-07-2026 __________ Page7 of 7 https://www.mhc.tn.gov.in/judis