M. Shanmugapriya v. Thiyagarajan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated :22.08.2025

CORAM:

THE HON'BLE MR. JUSTICE P.B. BALAJI Tr.C.M.P.No.169 of 2025 and CMP No.3385 of 2025 M.Shanmugapriya ... Petitioner vs Thiyagarajan .. Respondent Petition filed under Section 24 of Civil Procedure Code to withdraw FCOP No.538 of 2024, pending on the file of District Judge, Family Court at Erode and transfer the same to District Judge, Family Court, Chennai. For Petitioner : Mr.R.Arun For Respondent : No appearance

ORDER

Pursuant to the order of this Court dated 28.07.2025, learned counsel for the petitioner has effected paper publication in the issue of Tamil Daily "Makkal Kural", Kovai Edition dated 01.08.2025. The respondent till date has neither chosen to appear in person, nor through counsel. Therefore, I have proceeded to hear the learned counsel for the petitioner.

2. The petitioner/wife who is the respondent in HMOP No.538 of 2024 1/4

has filed the present transfer petition, seeking transfer of HMOP No.538 of 2024, filed by the respondent/husband from the file of District Court (Family Court), Erode to Family Court, Chennai.

3. The petitioner citing genuine inconvenience has sought for transfer of the said proceedings to the file of Family Court, Chennai, where the revision petitioner/wife ordinarily resides.

4. On hearing the arguments of the learned counsel for the petitioner and also going through the affidavit filed in support of the transfer petition, I am satisfied that the petitioner is entitled to see the transfer as prayed for.

5. Accordingly, Tr.C.M.P is allowed and the proceedings in FCOP No.538 of 2024 pending on the file of Family Court, Erode is withdrawn and the same is transferred to Principal Family Court, Chennai.

6. The Family Court, Erode is directed to send the entire records relating to FCOP No.538 of 2024 to the file of Principal Family Court, Chennai forthwith.

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7. The Principal Family Court, Chennai, at its discretion shall take up FCOP No.538 of 2024 or assign it to any of the Additional Family Courts, subject to the pendency of cases before the Principal Family Court, Chennai/work load, etc.

No costs. Consequently, connected miscellaneous petition is closed. 22.08.2025 Index: Yes/No Website:yes/no Speaking Order/Non-speaking Order sr To

1. The Family Court, Erode

2. The Principal Family Court, Chennai 3/4

P.B.BALAJI.,J sr 22.08.2025 4/4