(Prayer: To withdraw HMOP.No.112 of 2025 on the file of the Ld. Family Court, Salem and transfer the same to the Ld. Sub Court, Kallakurichi, and pass such further or other suitable order as this Honble Court deems fit and proper in the circumstances of the case very well and thus render justice.)

1. This Transfer Civil Miscellaneous Petition has been filed by the petitioner/husband seeking to withdraw H.M.O.P. No.112 of 2025 pending on the file of the learned Family Court, Salem, and transfer the same to the file of the learned Subordinate Court, Kallakurichi.

2. The petitioner is the husband of the respondent. It is submitted that the marriage between the petitioner and the respondent was solemnized on 29.10.2020 at the instance of the family elders and in accordance with the customary rites and ceremonies. Out of the said wedlock, a female child, namely, Kavishree, was born on 27.06.2021. It is an admitted case of the petitioner that the minor daughter is presently residing with the respondent/wife.

3. The learned counsel appearing for the petitioner submitted that, due to the COVID-19 pandemic, the petitioner was affected by COVID-19 in the year 2021 and was admitted at Sri Ramakrishna Multi Speciality Hospital, Coimbatore, from 10.06.2021 to 21.06.2021. It is further submitted that the petitioner was diagnosed with Acute CVA/Large Acute Infarction in the Left Middle Cerebral Artery Territory, COVID-19 Pneumonia, Ischemic Stroke/Left MCA Infarct and Right Hemiparesis and that he has been undergoing treatment thereafter.

4. It is further submitted that the respondent/wife has filed H.M.O.P. No.112 of 2025 before the learned Family Court, Salem, seeking dissolution of the marriage under Section 13(1)(ia) of the Hindu Marriage Act, 1955, alleging cruelty against the petitioner. According to the petitioner, the allegations made in the said divorce petition, particularly those relating to his illness, are false and untenable and have been made only with a view to cause prejudice to him.

5. The learned counsel for the petitioner further submitted that the petitioner is presently residing at S.Ogaiyur, Kallakurichi District, and that he is required to travel approximately 130 kilometres to reach Salem for every hearing in H.M.O.P. No.112 of 2025. According to the learned counsel, in view of the petitioner's medical condition and the treatment being undergone by him, long-distance travel is not advisable and would cause considerable hardship to the petitioner. On the said ground, the present Transfer Civil Miscellaneous Petition has been filed seeking transfer of H.M.O.P. No.112 of 2025 from the learned Family Court, Salem, to the learned Subordinate Court, Kallakurichi.

6. Heard the learned counsel appearing for the petitioner and perused the materials placed on record.

7. The principal ground urged by the petitioner for seeking transfer is his alleged medical condition. The materials placed before this Court disclose that the petitioner had suffered from COVID-19 and was admitted in the hospital from 10.06.2021 to 21.06.2021, during the COVID-19 pandemic, and was thereafter discharged.

8. There is no dispute that the petitioner had suffered from COVID-19 in the year 2021. However, the fact that the petitioner was admitted in the hospital during the COVID-19 pandemic, by itself, cannot constitute a sufficient ground for transferring a matrimonial proceeding in the year 2026, particularly in the absence of any recent and convincing medical material establishing that the petitioner is presently suffering from such a serious medical condition as would render him incapable of travelling to Salem for attending the proceedings.

9. Though the petitioner has relied upon the medical records relating to his illness and treatment during the year 2021, no subsequent medical record or medical opinion has been produced before this Court to establish that the petitioner's present health condition is such that travelling from his place of residence to Salem would cause serious prejudice to him or that he has been medically advised to completely avoid such travel.

10. It is also relevant to note that the distance between the petitioner's place of residence in Kallakurichi District and Salem is stated to be approximately 130 kilometres. The said distance, in the facts and circumstances of the present case, cannot by itself be treated as an extraordinary distance so as to warrant transfer of the matrimonial proceedings, particularly when the transfer is sought solely on the basis of the petitioner's past illness.

11. At the same time, while considering a transfer petition arising out of matrimonial proceedings, the Court is required to balance the convenience of both parties. It is well settled that, in matrimonial proceedings, the convenience of the wife is also a relevant consideration while deciding a prayer for transfer. In the present case, the respondent/wife has instituted the divorce proceedings before the learned Family Court, Salem, and the petitioner has not placed any other compelling circumstance, apart from his past medical condition and the alleged travel distance, warranting interference with the proceedings pending before the said Court.

12. The Court is conscious of the fact that the petitioner had suffered serious health complications during the COVID-19 pandemic. However, the said illness occurred in the year 2021 and the petitioner was thereafter discharged from the hospital. In the absence of any recent medical material demonstrating that the petitioner continues to suffer from a condition which prevents or seriously impairs his ability to travel to Salem, this Court is unable to accept the contention that the pending matrimonial proceeding ought to be transferred solely on that ground.

13. This Court is therefore of the considered view that the petitioner has not made out sufficient grounds for exercising the power of transfer in his favour. The inconvenience pleaded by the petitioner, in the circumstances of the case, is not sufficient to outweigh the other relevant considerations governing transfer of matrimonial proceedings.

14. Accordingly, this Court finds that the petitioner has failed to establish a case warranting transfer of H.M.O.P. No.112 of 2025. The present Transfer Civil Miscellaneous Petition is therefore devoid of merits and is liable to be dismissed.

15. Accordingly, Tr.C.M.P. No.65 of 2025 is dismissed. Consequently, the connected miscellaneous petition, if any, is closed. There shall be no order as to costs.