Bharathi Priya v. Deenadayalan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.06.2025

CORAM

THE HONOURABLE MR JUSTICE P.B. BALAJI Tr.C.M.P.No.50 of 2025 & CMP.No.1033 of 2025 Bharathi Priya ... Petitioner vs.

Deenadayalan ... Respondent PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24 of Code of Civil Procedure to withdraw H.M.O.P.No.304 of 2024 pending on the file of the Principal Sub-Court, Kancheepuram and to transfer the same to any of the Family Court, Chennai for trial and disposal. For Petitioner : Mr.S.Murugesan For Respondent : No appearance

ORDER

It is seen from the records that the respondent has refused to receive notice sent in the present transfer petition. 1/4

2.Heard the learned counsel for the petitioner. 3.The petitioner is the wife, who is the respondent in the HMOP.No.304 of 2024 before the Principal Sub-Court, Kancheepuram. The petitioner, expressing inconvenience and difficulties to attend the hearing at Sub-Court, Kancheepuram, especially in the light of her presence to take care of the two year old infant child, has sought for transfer of the said HMOP to any of the Family Courts at Chennai.

4.In view of the petitioner has made out a prima facie case for transfer, this Transfer Civil Miscellaneous Petition is allowed and the case in H.M.O.P.No.304 of 2024 on the file of the Principal Sub-Court, Kancheepuram is hereby withdrawn and transferred to the file of the Principal Family Court, Chennai. The learned Principal Family Judge, Chennai, at its discretion, shall either take up the matter on the file of its own Court or assign it to any of the other additional Courts, subject to pendency of cases in the Family Courts at Chennai. There shall be no order as to costs. Connected Civil Miscellaneous Petition is closed. 04.06.2025 Speaking/Non-speaking : Yes/No Index : Yes / No ata 2/4

To 1.The Principal Sub-Court, Kancheepuram.

2.The Principal Family Court, Chennai.

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P.B. BALAJI,J.

ata Tr.C.M.P.No.50 of 2025 & CMP.No.1033 of 2025 04.06.2025 4/4