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Madras High Court

R.Keerthana … vs S.Karthikeyan on 26 February, 2026

                                                                                  Tr.CMP.Nos.971 of 2025 and 139 of 2026


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                   DATED: 26.02.2026
                                                           CORAM
                              THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE

                                         Tr.CMP.Nos.971 of 2025 & 139 of 2026
                                      and CMP.Nos.21852 of 2025 and 4406 of 2026


                Tr.CMP.No.971 of 2025


                R.Keerthana                                                                            … Petitioner

                                                                Vs.
                1. S.Karthikeyan
                2. S.Govindhammal
                3. Bhuvaneshwari                                                                   … Respondents



                Prayer in Tr.C.M.P.No.971 of 2025: This Transfer Civil Miscellaneous Petition
                filed under Section 24 of Civil Procedure Code to withdraw and transfer of the
                Domestic Violence Case No.80 of 2025 on the file of the Judicial Magistrate
                Court, Trichy to the Judicial Magistrate No.I at Poonamallee.


                Prayer in C.M.P. No.21852 of 2025: This Civil Miscellaneous Petition filed
                under Section 151 of Civil Procedure Code to stay of all further proceedings in
                DVC.No.80 of 2025 pending before the Judicial Magistrate Court, Trichy
                pending disposal of the Tr.CMP.



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https://www.mhc.tn.gov.in/judis                ( Uploaded on: 03/03/2026 05:05:46 pm )
                                                                                      Tr.CMP.Nos.971 of 2025 and 139 of 2026
                                  For Petitioner          : Mr.Subhalaxmi Samanta
                                  For Respondent          : Mr.B.Kumarasamy for R1 & R2


                Tr.CMP.No.139 of 2026


                R.Keerthana                                                                                … Petitioner

                                                                    Vs.
                S.Karthikeyan                                                                          … Respondent



                Prayer in Tr.C.M.P.No.139 of 2026: This Transfer Civil Miscellaneous Petition
                filed under Section 24 of Civil Procedure Code to withdraw and transfer the
                HMOP.No.774 of 2025 on the file of the Family Court, Trichy to the Sub Court
                at Poonamallee.


                Prayer in C.M.P. No.4406 of 2026: This Civil Miscellaneous Petition filed
                under Section 151 of Civil Procedure Code to stay of all further proceedings in
                HMOP.No.774 of 2025 on the file of the Family Court, Trichy pending disposal
                of the Tr.CMP.


                                  For Petitioner          : Mr.Subhalaxmi Samanta
                                  For Respondent          : Mr.B.Kumarasamy for R1 & R2


                                                     COMMON ORDER

Heard.

2. TR.C.M.P. No.139 of 2026 is filed under Section 24 of the Code of 2/6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/03/2026 05:05:46 pm ) Tr.CMP.Nos.971 of 2025 and 139 of 2026 Civil Procedure to withdraw H.M.O.P. No.774 of 2025 from the file of the Family Court, Tiruchirappalli and to transfer the same to the competent Court at Poonamallee.

3. TR.C.M.P. No.971 of 2025 is filed seeking transfer of D.V.C. No.80 of 2025 pending on the file of the Court of the learned Judicial Magistrate/Additional Mahila Court, Tiruchirappalli to the file of the learned Judicial Magistrate-I, Poonamallee, on the ground of hardship and safety concerns.

4. The petitioner/wife submits that she is presently residing at/near Poonamallee; that the distance to Tiruchirappalli is substantial; that she has difficulty in undertaking repeated travel for hearings; and that she lacks independent support. It is also pointed out that the Domestic Violence proceedings are already pending, and therefore the matters being heard at the place where she is residing would avoid undue hardship and facilitate effective participation.

5. In transfer matters arising out of matrimonial disputes, the Court primarily considers comparative hardship and convenience, and ordinarily the 3/6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/03/2026 05:05:46 pm ) Tr.CMP.Nos.971 of 2025 and 139 of 2026 convenience of the wife is given due weight, particularly when she demonstrates practical difficulty in attending Court at a distant place. The Court must also ensure that the transfer would advance the ends of justice, reduce avoidable hardship, and enable a fair and effective adjudication.

6. Having considered the materials and submissions, this Court is satisfied that the petitioner has made out sufficient grounds. The balance of convenience warrants transfer. Since the Domestic Violence proceedings are also sought to be heard at Poonamallee, it is appropriate that both proceedings are heard at the transferee station to avoid avoidable hardship and multiplicity of travel.

7. Accordingly, TR.C.M.P. No.139 of 2026 is allowed. H.M.O.P. No.774 of 2025 is withdrawn from the file of the Family Court, Tiruchirappalli and transferred to the file of the Sub Court, Poonamallee (competent Court), for disposal in accordance with law.

8. TR.C.M.P. No.971 of 2025 is also allowed. D.V.C. No.80 of 2025 is withdrawn from the file of the learned Judicial Magistrate/Additional Mahila Court, Tiruchirappalli and transferred to the file of the learned Judicial Magistrate-I, Poonamallee, for disposal in accordance with law.

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https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/03/2026 05:05:46 pm ) Tr.CMP.Nos.971 of 2025 and 139 of 2026

9. The respective Courts at Tiruchirappalli shall transmit the entire records to the transferee Courts forthwith. The transferee Courts shall issue appropriate notice and proceed further in accordance with law.

10. Connected miscellaneous petition(s), if any, stand closed. No costs.

26.02.2026 Index : Yes/No Speaking order : Yes/No dpq To

1. The Family Court Trichy.

2. The Sub Court at Poonamallee.

3. The Judicial Magistrate Court, Trichy.

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https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/03/2026 05:05:46 pm ) Tr.CMP.Nos.971 of 2025 and 139 of 2026 DR.A.D.MARIA CLETE. J, dpq Tr.CMP.Nos.971 of 2025 & 139 of 2026 and CMP.Nos.21852 of 2025 and 4406 of 2026 26.02.2026 6/6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/03/2026 05:05:46 pm )