Madras High Court
TR CMP/645/2025 of SUGUNA @ SUGUNESWARI Vs SRI SARAVANAKUMAR on 11 November 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11-11-2026
CORAM
THE HON'BLE MRS.JUSTICE N. MALA
TR CMP No. 645 of 2025
AND
TR CMP NO. 647 OF 2025,CMP NO. 15532 OF 2025,CMP NO. 15537 OF
Suguna @ Suguneswari
W/o. Saravanakumar, D/o. Ponnusamy, No.5, Jeevarathinam Street, Iyappan Nagar, Ayyapakkam, Chennai - 077.
..Petitioner(s)
Vs
Sri Saravanakumar
S/o. Late Murugan, 12-2-5A, Govt Higher
Secondary School Street, Veerapandi Village, Theni Taluk and District.
..Respondent(s)
TR CMP No. 647 of 2025
Suguna @ Suguneswari
W/o. Saravanakumar, D/o. Ponnusamy, No.5, Jeevarathinam Street, Iyappan Nagar, Ayyapakkam, Chennai - 077.
..Appellant(s)
Vs
Sri Saravanakumar
S/o. Late Murugan, 12-2-5A, Govt Higher
Secondary School Street, Veerapandi Village, Theni Taluk and District.
..Respondent(s)
CMP No. 15532 of 2025
Suguna @ Suguneswari
W/o. Saravanakumar, D/o. Ponnusamy, No.5, Jeevarathinam Street, Iyappan Nagar, Ayyapakkam, Chennai - 077.
..Appellant(s)
Vs
Sri Saravanakumar
S/o. Late Murugan, 12-2-5A, Govt Higher
Secondary School Street, Veerapandi Village, Theni Taluk and District.
..Respondent(s)
CMP No. 15537 of 2025
Suguna @ Suguneswari
W/o. Saravanakumar, D/o. Ponnusamy, No.5, Jeevarathinam Street, Iyappan Nagar, Ayyapakkam, Chennai - 077.
..Appellant(s)
Vs
Sri Saravanakumar
S/o. Late Murugan, 12-2-5A, Govt Higher
Secondary School Street, Veerapandi Village, Theni Taluk and District.
..Respondent(s)
Petition filed under Section 24 of CPC, to withdraw the GWOP No.69 of 2025 pending on the file of Family Welfare Court at Theni and to transfer the same to Additional Family Court at Chennai.
TR CMP No. 647 of 2025
Petition filed under Section 24 of CPC, to withdraw the HMOP No.68 of 2025 pending on the file of Family Welfare Court at Theni and to transfer the same to Additional Family Court at Chennai.
For Petitioner(s):
M/s.R.Rajesh Kumar
G. Sivagami For Petitioner
For Respondent(s):
No appearance
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Common Order
The wife has filed the above petitions for transfer of HMOP.No.68/2025 pending on the file of the Family Court, Theni, to the Additional Family Court, at Chennai, and for transfer of GWOP.No.69/2025, pending on the file of the Family Welfare Court, Theni, to the file of the IV Additional Family Court, at Chennai.
The marriage of the petitioner and the respondent was solemnised on 20.08.2017 and out of the wedlock, they have a son. In course of the marital tie, differences and disputes arose between the couple and consequently, the respondent filed HMOP.No.68/2025 for restitution of conjugal rights and GWOP.No.69/2025 for custody of the minor son. The petitioner states that the respondent, on 24.01.2025, forcibly took her son and therefore, she filed HCP.No.403/2025 before this Court, in which the custody of the minor son was handed over to her. The petitioner further states that she is residing at Iyappakkam, Chennai, and therefore, she is finding it extremely difficult to travel from Chennai to Theni, covering a distance of more than 1000 kilometers, to attend the aforesaid proceedings. The petitioner, under the circumstances, has filed the aforesaid petitions for transfer of the cases from the Family Court, Theni, to the Family Court, at Chennai.
Though the respondent was served notice and his name is printed in the cause list, there is no representation for the respondent.
The petitioner, is a disabled person with 45% disability. The petitioner is residing at Iyapakkam, Chennai, with her minor son. In view of the fact that the petitioner is required to travel a distance exceeding 1,000 kilometers both ways to attend the matrimonial proceedings at Theni, this Court is satisfied that the balance of convenience lies in favour of the petitioner, more so, since she has a minor child to look after. Further, in matrimonial matters, it is trite that the convenience of the wife takes precedence over that of the husband. Hence, I am inclined to allow the petition.
Accordingly, the Transfer Civil Miscellaneous Petition are allowed and HMOP.No.68/2025 and GWOP.No.69/2025 are withdrawn from the file of the Family Court, and the Family Welfare Court, at Theni, and are transferred to the file of the Additional Family Court, at Chennai. No costs. Consequently, the connected miscellaneous petitions are closed. 11-11-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No AP To
1. The Family Court, Theni.
2. The Additional Family Court, Chennai.
N.MALA J. AP TR CMP No. 645 & 647 of 2025 11-11-2026