Sariga v. Arunkumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.06.2025 CORAM :

THE HONOURABLE MR. JUSTICE P.B. BALAJI and C.M.P.No.3327 of 2024 Sariga ... Petitioner Vs.

Arunkumar ... Respondent Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of Code of Civil Procedure to withdraw the H.M.O.P.No.206 of 2023 on the file of the learned Additional Sub-Court at Hosur, Krishnagiri District and to transfer the same to Family Court, Dharmapuri, Dharmapuri District.

For Petitioner : Mr.G.Vinodhkumar For Respondent : No appearance *****

ORDER

The petitioner/wife seeks transfer of H.M.O.P.No.206 of 2023 on the file of the Additional Sub-Court at Hosur, Krishnagiri District to the file of the Family Court, Dharmapuri, Dharmapuri District. Page No.1 of 4

2. The petitioner is the wife and the respondent in H.M.O.P.No.206 of 2023 which is pending before the Additional Sub-Court, Hosur, Krishnagiri District, where the respondent/husband has preferred a petition to dissolve the marriage under the Hindu Marriage Act, 1955.

3. Heard the learned counsel for the petitioner. Despite service of notice on the respondent, the respondent has not chosen to enter appearance either in person or through counsel. The name of the respondent is also printed in today's cause list. The respondent is called and set ex-parte.

4. The learned counsel for the petitioner states the request of the petitioner/wife for transfer of the divorce petition is on the ground that the Additional Sub-Court, Hosur, Krishnagiri District is situated more than 100 kilometers from her residence and it would be really inconvenient for the petitioner/wife to attend the hearings. Further, he submits that if her request is accepted and the HMOP is transferred to the Family Court, Dharmapuri District, the Family Court being the educated court to try the matrimonial disputes, which would be equipped to decide the dispute between the parties.

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5. I find force in the submissions of the learned counsel for the respondent. I have gone through the affidavit filed in support of the transfer petition. In view of the petitioner/wife has made out a prima facie case for transfer, this Transfer Civil Miscellaneous Petition is allowed and the case in HMOP.No.206 of 2023 is hereby withdrawn from the file of the Additional Sub-Court at Hosur, Krishnagiri District and transferred to the file of the Family Court, Dharmapuri District. There shall be no order as to costs. Connected Civil Miscellaneous Petition is closed.

10.06.2025 Index : Yes / No Speaking order / Non-speaking order sp To 1.The Additional Sub-Court at Hosur, Krishnagiri District. 2.The Family Court, Dharmapuri District.

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P.B. BALAJI , J.

sp 10.06.2025 Page No.4 of 4