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Madras High CourtTR CMP/28/2026allowed

Kalpana v. C.Sathishkumar

2026-02-18Honourable Dr.Justice A.D.Maria Clete5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-02-2026

CORAM

THE HON'BLE DR.JUSTICE A.D.MARIA CLETE and CMP No.773 of 2026 Kalpana W/o. Sathishkumar, Pinefit Hostel, Monika Water, Park Nagar, Dharapuram Road, Gobichettypalayam, Tirupur District.

Now presently res. at D.No.1-1260 E, Palavanjipalayam, Veerapandi Village, Tiruppur Taluk and District.

..Petitioner(s) Vs C.Sathishkumar S/o. Chinnasamy, D.No.89, Kannadipudur, Kavundapadi Village, Bhavani Taluk, Erode District 638 455.

..Respondent(s)

PRAYER in TRCMP:

This Transfer Civil Miscellaneous Petition is filed under Section 24 of C.P.C., to withdraw the HMOP No.106 of 2023 on the file of the Sub Court, Bhavani and transfer the same to the Family Court, Tiruppur. PRAYER in CMP: This Civil Miscellaneous petition is filed under Section 151 C.P.C., to stay all further proceedings in HMOP No.106 of 2023 on the file of the Sub Court, Bhavani.

For Petitioner(s):

Mr.C.S.Saravanan For Respondent(s):

Mr.S.P.Yuvaraj

ORDER

1. Heard.

2. This Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure seeking withdrawal of H.M.O.P.No.106 of 2023 from the file of the learned Sub Court, Bhavani, and transfer of the same to the file of the Family Court, Tiruppur.

3. The marriage between the petitioner and the respondent was solemnized on 27.08.2015 in Sri Veeramathi Swamy Thirukovil Marriage Hall at Aathiyur chinnakaruukkapalayam, Kunnathur as per Hindu rites and customs. The respondent-husband filed divorce petition in HMOP No.106

of 2023 before the Sub Court, Bhavani. The petitioner is the wife and she states that she is residing at Tiruppur.

4. Having regard to the convenience of the petitioner/wife and considering that the matter pertains to matrimonial jurisdiction, and also taking note that the Family Court is a specialised Court for adjudication of such disputes, this Court is satisfied that the transfer sought deserves to be ordered.

5. Accordingly, Tr.C.M.P.No.28 of 2026 is allowed. HMOP No.106 of 2023 on the file of the Subordinate Court, Bhavani, is withdrawn and transferred to the file of the Family Court, Tiruppur. The Sub Judge, Bhavani shall transmit the entire records to the file of the Family Court, Tiruppur, within three weeks from the date of receipt of a copy of this order and the Family Court, Tiruppur shall dispose of the matter in accordance with law, as expeditiously as possible, uninfluenced by any observations made in this order. Consequently, connected C.M.P.No.773 of 2026 is closed. There shall be no order as to costs. 18-02-2026 Index: Yes/No Speaking/Non-speaking order MFA

To

1. The Sub Judge, Bhavani.

2. The Judge, Family Court, Tiruppur

DR.A.D.MARIA CLETE, J MFA and CMP No.773 of 2026 18-02-2026