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Madras High CourtTR CMP/114/2026allowed

P.S.Keerthi v. K.Sivaraj

2026-06-16Honourable Mrs.Justice T.V.Thamilselvi6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-06-2026

CORAM

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI TR.C.M.P.No.114 of 2026 and C.M.P.No.2617 of 2026 P.S.Keerthi W/o.K.Sivaraj, 39B, 4th Street, Parvathi Avenue, Sakthi Nagar, Porur, Chennai - 600 116.

..Petitioner(s) Vs K.Sivaraj S/o.Kaliyaperumal, A First Floor, Arumugam Castle, Thirumalai Homes Thalapathy Stalin, 1st Street Vengaivasal, Santhosapuram, Tambaram, Chennai - 600 073.

..Respondent(s) Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C., praying to withdraw and transfer the H.M.O.P.No.669 of 2024 on the file of the Family Court, Coimbatore to the Sub Court, Poonamalle at Chennai. For Petitioner(s):

Ms.S.Lakshmi For Respondent(s):

Ms.M.Muthu Yazhini

ORDER

This transfer civil miscellaneous petition has been filed to withdraw the case in H.M.O.P.No.669 of 2024 on the file of the Family Court, Coimbatore and transfer the same to the Sub Court, Poonamallee, Chennai. 2.Heard both sides and perused the materials available on record. 3.Learned counsel for the petitioner submits that the petitioner filed a petition under the Domestic Violence Act in D.V.C.No.125 of 2023 before the Chief Judicial Magistrate, Coimbatore, seeking appropriate relief. Subsequently, the respondent filed a petition in H.M.O.P.No.669 of 2024 before the Family Court, Coimbatore, seeking restitution of conjugal rights. The petitioner has four years child and she is living with her parents.

She further submits that the petitioner's father has been facing several health issues and he requires regular medical treatment and hospital visits at Chennai and therefore, the petitioner's family shifted to Chennai. Now, it is very difficult for her to attend each and every hearing before the Family Court, Coimbatore. She further submits that at the time of filing this transfer civil miscellaneous petition, she wrongly mentioned H.M.O.P.No. as 699 of 2024 instead of H.M.O.P.No.669 of 2024 and request that the same shall be read as H.M.O.P.No.669 of 2024 in the order. Therefore, she prays to transfer the case to the Sub Court, Poonamallee, Chennai.

4.Learned counsel for the respondent submits that the respondent is residing at Chennai and working in a private company and she has no serious objection in transferring the case from Coimbatore to Chennai. 5.I have gone through the affidavit filed in support of the transfer petition as well. I find merit in the submissions made by the learned counsel on either side.

6.Considering the facts and circumstances of the case, the submission made by the learned counsel on either side and considering the fact that both the parties are residing at Chennai, this Court is inclined to transfer the case on the file of the Family Court, Coimbatore to the file of the Sub Court, Poonamallee, Chennai. Accordingly, the case in H.M.O.P.No.669 of 2024 is hereby withdrawn from the file of the Family Court, Coimbatore and transferred to the file of the Sub Court, Poonamallee, Chennai. After receipt of the case papers from the Family Court, Coimbatore, the Sub Court, Poonamallee, Chennai is directed to send a notice to the respondent within four weeks. After due service of notice, the Sub Court, Poonamallee, Chennai is directed to proceed with the matter in the manner known to law.

7.Accordingly, this transfer civil miscellaneous petition is allowed. No costs. Consequently, connected civil miscellaneous petition is closed. 16-06-2026 Index: Yes/No Speaking/Non-speaking order PAM

To The Family Court, Coimbatore.

2.The Sub Court, Poonamallee, Chennai.

T.V.THAMILSELVI, J.

PAM TR.C.M.P.No.114 of 2026 and C.M.P.No.2617 of 2026 16-06-2026