S.Kavitha v. N.Sivanantham

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.07.2025 CORAM :

THE HONOURABLE MR. JUSTICE P.B. BALAJI and CMP.No.3135 of 2025 S.Kavitha

...Petitioner

Vs.

N.Sivanantham

...Respondent

Transfer Civil Miscellaneous Petition filed under Section 24 of Code of Civil Procedure to withdraw the O.P.No.1149 of 2021, pending on the file of the Hon'ble Special Judge Family Court at Madurai District and transfer the same to the file of the Hon'ble Subordinate Court at Thiruvotriyur, Thiuvallur District.

For Petitioner : Mr.K.R.S.Senthilraja For Respondents : No Appearance Page No.1 of 4

ORDER

The petitioner/wife seeks transfer of O.P.No.1149 of 2021 pending on the file of the Family Court at Madurai District to the file of the Subordinate Court at Thiruvotriyur, Thiuvallur District.

2. The respondent/husband, despite service of notice in the transfer application, has not chosen to appear before this Court either in person or through counsel. The respondent is called and set ex-parte.

3. The petitioner/wife who is facing proceedings in O.P.No.1149 of 2024 before the Family Court, Madurai seeks transfer of the said proceedings to the file of the Sub Court, Thiruvotriyur, Thiruvallur District. The petitioner has stated that she resides within the jurisdiction of Thiruvotriyur, which is located on the outskirts of Chennai and the petitioner has to depend on her parents to attend the hearings in Madurai. Hence, the petitioner/wife, expressing her inconvenience faced in attending the proceedings in O.P.No.1149 of 2024 before the Family Court, Madurai has come forward with the present transfer application. Page No.2 of 4

4. I have heard the learned counsel for the petitioner and I have also gone through the affidavit filed in support of this transfer petition.

5. I am satisfied that the petitioner/wife has made out a prima facie case for transfer, and thereby, this Transfer Civil Miscellaneous Petition is allowed and the case in O.P.No.1149 of 2021 is hereby withdrawn from the file of the Special Judge Family Court at Madurai District and transferred to the file of the Subordinate Court at Thiruvotriyur, Thiuvallur District. There shall be no order as to costs. Consequently, the connected Civil Miscellaneous Petition is closed. 04.07.2025 skt Index : Yes / No Speaking order : Yes / No NCC : Yes / No To 1.The Special Judge, Family Court, Madurai District.

2.The Subordinate Court, Thiruvotriyur, Thiuvallur District.

Page No.3 of 4

P.B.BALAJI , J.

skt and CMP.No.3135 of 2025 04.07.2025 Page No.4 of 4