(Prayer: This Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C. praying to withdraw O.S.No.1793 of 2025 on the file of the XI Assistant Judge, City Civil Court, Chennai and transfer the same to Sub Court, Kovilpatti.)

1. The Civil Miscellaneous Petition has been filed seeking orders to withdraw the suit in O.S.No.1793 of 2025 from the file of the XI Assistant Judge, City Civil Court, Chennai and transfer the same to the Sub Court, Kovilpatti.

2. It is not in dispute that the petitioner had married the first respondent's brother M.Karthick Kumar and due to their wed-lock they were blessed with a male child. Admittedly, the second respondent is the brother of the petitioner.

3. It is also not in dispute that the first respondent's brother has earlier filed a divorce petition in H.M.O.P.No.13 of 2022 against the petitioner herein before the Sub Court, Muthukulathur and the said petition was dismissed for default. It is also not in dispute that the petitioner has laid a maintenance claim in M.C.No.2 of 2024 against her husband Karthick Kumar and the same is pending on the file of the Court of Judicial Magistrate, Vilathikulam and that she has also initiated the proceedings under the Domestic Violence Act against her husband and husband's sister/first respondent herein and the same is pending in D.V.C.No.3 of 2025 before the Court of the Judicial Magistrate, Vilathikulam.

4. The first respondent, alleging that the petitioner and her brother/ second respondent herein made defamatory statements in a WhatsApp group and on Facebook, filed a suit in O.S. No. 1793 of 2025 seeking damages of Rs.10 lakhs for the alleged defamation and the same is pending on the file of the XI Assistant Judge, City Civil Court, Chennai.

5. The learned counsel for the petitioner would submit that the petitioner is residing with her parents and her male child at Vilathikulam, Thoothukudi District and she finds it difficult to travel to Chennai to attend the hearings in the defamation suit and that therefore, she was constrained to file the above transfer petition.

6. Despite receipt of notice, the second respondent/brother of the petitioner has not turned up.

7. The leaned counsel appearing for the first respondent would submit that she is residing with her family at Chennai and only due to the defamation matrimonial disputes between the petitioner and her husband and that in case of transfer, the first respondent will be put to loss and hardship.

8. It is pertinent to mention that the first respondent is the fourth respondent in D.V.C.No.3 of 2025 pending on the file of the Court of Judicial Magistrate, Vilathikulam.

9. The learned counsel appearing for the petitioner would submit that the first respondent and other respondents in D.V.C.No.3 of 2025, have filed a Civil Revision petition invoking Article 227 of the Constitution of India, to strike off the complaint in D.V.C.No.3 of 2025 and the learned Judge of this Court, while disposing the revision, dispensed with the appearance of the petitioner therein including the first respondent and a copy of the order passed in C.R.P. (MD) No. 2096 of 2025, dated 01.08.2025, has also been produced.

10. No doubt, as rightly pointed out by the learned counsel for the first respondent, this Court has dispensed with the appearance of the first respondent, except for their appearance for specific hearings.

11. In the case on hand, as already pointed out, the petitioner has specifically stated that she is residing with her parents and is also taking care of her minor child, and the difficulty expressed by the petitioner in undertaking travel to Chennai cannot be brushed aside as trivial or imaginary. Though the respondent has raised certain objections, it is the considered view of this Court that the same cannot outweigh the hardship that would be caused to the petitioner, who is required to travel along with her minor child.

12. Moreover, the first respondent can always make appropriate arrangements to seek exemption from personal appearance, if so advised. Considering the totality of the circumstances, this Court is of the view that the petitioner has made out a case for transfer, and the balance of convenience tilts in favour of the petitioner.

13. In view of the above, this Court is inclined to allow this petition.

                  Accordingly, the suit in O.S.No.1793 of 2025, is ordered to be withdrawn from the file of the XI Assistant Judge, City Civil Court, Chennai and transfer the same to the Sub Court, Kovilpatti. The learned XI Assistant Judge, City Civil Court, Chennai, is hereby directed to transmit the entire records in O.S.No.1793 of 2025 to the file of the Sub Court, Kovilpatti, within a period of 10 days from the date of receipt of a copy of this order and on receiving the case bundle, the learned Judge, Sub Court, Kovilpatti, is directed to take up the suit on file and proceed in accordance with law.

14. With the above direction, the Transfer Civil Miscellaneous Petition stands allowed. Consequently, connected Miscellaneous Petition is closed. No costs.