T.C.Tamilselvi v. V.Murugan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.06.2025

CORAM

THE HONOURABLE MR JUSTICE P.B. BALAJI Tr.C.M.P.No.20 of 2025 & CMP.No.569 of 2025 T.C.Tamilselvi ... Petitioner vs.

V.Murugan ... Respondent PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24 of Code of Civil Procedure to withdraw the HMOP No.82 of 2024 pending on the file of Sub Court at Madurantakam and transfer the same to the files VI Additional Family Court at Chennai to hear and to try jointly along with M.C. No.671 of 2024 pending on the file of VI Additional Family Court at Chennai.

For Petitioner : Mr.S.Sathish Rajan For Respondent : No appearance 1/4

ORDER

The petitioner/wife seeks transfer of HMOP No.82 of 2024 pending on the file of Sub Court at Madurantakam to the file of the VI Additional Family Court at Chennai.

2.Heard the learned counsel for the petitioner Mr.S.Sathish Rajan. Despite service of notice on the respondent, the respondent has not chosen to enter appearance either in person or through counsel. The respondent is called and set ex-parte.

3. The HMOP proceedings in HMOP. No.82 of 2024 which has been initiated by the respondent/husband before the Sub Court, Maduranthagam. The petitioner/wife has filed Maintenance Claim Petition in M.C. No.671 of 2024 which is pending before the VI Additional Family Court Chennai. The petitioner has expressed her genuine inconvenience to attend the hearing before the Sub Court, Maduranthagam and has made out justifiable grounds seeking transfer of HMOP No.82 of 2024 from the file of the Sub Court at Madurantakam to the file of the VI Additional Family Court at Chennai.

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4. I have also gone through the averments set out in the affidavit filed in support of the petition and I am satisfied with the reasons assigned in the affidavit and the petitioner has made out a prima facie case for seeking transfer as prayed for.

5. In the light of the above, this Transfer Civil Miscellaneous Petition is allowed. The case in HMOP.No.82 of 2024 is hereby withdrawn from the file of the Sub Court, Maduranthagam and transferred to the file of the VI Additional Family Court at Chennai and tried along with M.C.No.671 of 2024. There shall be no order as to costs. Connected Civil Miscellaneous Petition is closed.

05.06.2025 Speaking/Non-speaking : Yes/No Index : Yes / No rkp To 1.The Sub Judge, Maduranthagam.

2.The VI Additional Family Court at Chennai. 3/4

P.B.BALAJI.J., rkp Tr.C.M.P.No.20 of 2025 & CMP.No.569 of 2025 05.06.2025 4/4