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Madras High CourtTR CMP/39/2026allowed

Sujatha v. A.Shivakumar

2026-02-18Honourable Dr.Justice A.D.Maria Clete6 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.834 of 2026 Sujatha W/o Shivakumar, D/o Govindhaswamy, Baashyam Pinnacle Crest, Apartment No 3A6, Block No 3, 6th floor, Door No A, Sholinganallur, Chennai 600 119 ..Petitioner(s) Vs A.Shivakumar S/o Annadurai, No 377, Thadagam Road, R.S Puram, Coimbatore.

..Respondent(s)

PRAYER IN TRCMP:

To withdraw the proceedings in HMOP.No. 1263/2025 pending on the file of the Principal Family Judge Court, Coimbatore and transferring the same to the file of the Subordinate Judge, Alandur. PRAYER IN CMP: To stay all further proceedings in HMOP.No. 1263/2025 pending on the file of the Principal Family Judge Court, Coimbatore. For Petitioner(s):

Mr.A.Mohamed Ismail For Respondent(s):

Mr..M.Kamalakannan

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.1263 of 2025 pending on the file of the learned Principal Family Judge, Coimbatore, and transfer of the same to the file of the learned Subordinate Judge, Alandur.

3. The marriage between the petitioner and the respondent was solemnized on 22.08.2012 at Rathina Vinayagar Koil, D.B.Road, R.S.Puram, Coimbatore as per Hindu rites and customs. Out of their wedlock, a girl child was born on 07.07.2014.

4. The petitioner/wife has filed H.M.O.P.No.457 of 2025 seeking divorce before the learned Subordinate Judge, Alandur. The respondent/husband has filed H.M.O.P.No.1263 of 2025 at Coimbatore seeking restitution of conjugal rights.

5. The petitioner states that she is residing within the Alandur/Chennai jurisdiction and is taking care of the child.

6. Considering (i) the residence and convenience of the petitioner/wife, (ii) the fact that the petitioner is taking care of the child, and (iii) that the proceedings between the parties would be conveniently tried at the same place, this Court is satisfied that the transfer sought deserves to be ordered.

7. Accordingly, Tr.C.M.P.No.39 of 2026 is allowed. HMOP No.1263 of 2025 on the file of the Principal Family Court, Coimbatore is withdrawn and transferred to Subordinate Court, Alandur. The learned Principal

Family Judge, Coimbatore, is directed to transmit the records in H.M.O.P.No.1263 of 2025 to the learned Subordinate Judge, Alandur, within three weeks from the date of receipt of a copy of this order and the transferee Court 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.834 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. Principal Family Court, Coimbatore

2. The Subordinate Judge, Alandur

DR.A.D.MARIA CLETE, J MFA and CMP NO.834 of 2026 18-02-2026