Sathyapriya v. Vigneswaran

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.09.2025

CORAM:

THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN Tr.CMP.No.151 of 2024 and C.M.P.No.3078 of 2024 Sathyapriya ... Petitioner

Versus

Vigneswaran ... Respondent Prayer:- Transfer Civil Miscellaneous Petition filed under Section 24 of the CPC, to withdraw H.M.O.P.No.335 of 2022 on the file of Principal SubCourt, Poonamallee and transfer the same to the Family Court, Krishnagiri to be tried along with the petition in H.M.O.P.No.42 of 2022. For Petitioner :

Mr.K.Venkatasubban For Respondent :

Mr.S.Sivakumar

O R D E R

The petitioner / wife has come up with the above transfer petition seeking transfer of H.M.O.P.No.335 of 2022 from the file of Principal Sub Court, Poonamalle to the file of Family Court, Krishnagiri, to be tried along with the petition in H.M.O.P.No.42 of 2022.

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2.

Heard the learned counsel on both sides.

3.

The learned counsel appearing for the petitioner would submit that the respondent husband has filed H.M.O.P No.335 of 2022 before the Principal Sub-Court, Poonamallee to declare the marriage as null and void and the same is pending. The learned counsel submits that though respondent husband is residing in Salem, he has filed the above petition at Poonamalle only to harass the petitioner. As the petitioner is staying at Krishnagiri and the Principal Sub-Court, Poonamalle is around 253 Kilometers away, it will be very difficult for her to travel from Krishnagiri to Poonamallee for attending the case for each and every hearing. It is further submitted that the petitioner has also filed H.M.O.P.No.42 of 2022 on the file of Family Court, Krishnagiri for restitution of conjugal rights and the case pending in H.M.O.P.No.335 of 2022 before the Sub-ordinate Court, Poonamallee may also be transferred to the file of Family Court, Krishnagiri to be tried along with H.M.O.P.No.42 of 2022. Hence, he seeks the relief as prayed for.

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4. The learned counsel appearing for the respondent/husband would submit that the respondent/husband has no objection in allowing this petition. 5.

I have gone through the affidavit filed in support this petition and I find merit in the submissions made by the learned counsel for the petitioner/wife.

6.

In view of the above and also considering the consent given by the other side, there can be no impediment for allowing this petition as prayed for.

7. Accordingly, this Transfer Civil Miscellaneous petition is allowed. The case in H.M.O.P.No.335 of 2022 is hereby withdrawn from the file of the Principal Sub~Court, Poonamallee and transferred to the file of the Family Court, Krishnagiri to be tried along with H.M.O.P.No.42 of 2022 (or) simultaneously. The learned Judge shall expedite the disposal of both the cases. No costs. Connected Civil Miscellaneous Petition is closed. 16.09.2025 Index : Yes/No Speaking order : Yes/No Neutral Case Citation : Yes/No gpa 3/4

M. JOTHIRAMAN, J.

gpa To

1. The Principal Sub-Court, Poonamallee

2. The Family Court, Krishnagiri Tr.CMP.No.151 of 2024 and C.M.P.No.3078 of 2024 16.09.2025 4/4