C.Sarumathi v. G.Naveen Balaji

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-04-2025

CORAM

THE HONOURABLE MS. JUSTICE P.T. ASHA TR CMP No.194 of 2025 and CMP No.3836 of 2025 C.Sarumathi D/o. Chandragraham, No. 35, Kuppusamy Mudhaliyar Street, V.Marudur, Villupuram.

Petitioner(s) Vs G.Naveen Balaji S/o. Gowthaman, No. 60 Co-operative Nagar, Pillaiyampettai, Thiruvidaimarudhur Taluk, Umamaheshwarapuram, Thanjavur.

Respondent(s) Transfer Miscellaneous Petition filed under Section 24 of the Civil Procedure Code to withdraw the proceedings in H.M.O.P. No.1536 of 2024 on the file of the Family Court, Coimbatore and to transfer the same to the Family Court, Villupuram.

For Petitioner(s):

Mr.P.Sarveswaran For Respondent(s):

Mr.N.Pichai Pillai

ORDER

The wife is the petitioner before this court seeking a transfer of H.M.O.P.No.1536 of 2024 filed by her husband, respondent herein, on the file of the Family Court, Coimbatore, seeking divorce, to the file of the Family Court, Villupuram.

2.

The petitioner would submit that she had been subjected to great deal of mental abuse after marriage, as the respondent and his family members started harassing her by demanding money and property from her parents. Even after she gave birth to a child, she had been tormented by the respondent and his family members to get dowry from her parents. That apart, the respondent had not fulfilled the basic needs of the child as a father. Thereafter, the petitioner and her minor daughter had been deserted by the respondent. As the settlement talks held by the elders were in vain, the petitioner filed a petition for restitution

of conjugal rights in H.M.O.P.No.41 of 2021 on the file of the Family Court, Villupuram, but, the same was dismissed on 21.12.2024, as she was unable to appear before the court. Thereafter, she filed a restoration petition in I.A.No.12 of 2025 and the same is posted for counter. Subsequently, the respondent has filed a petition seeking divorce in H.M.O.P.No.1536 of 2024 on the file of the Family Court, Coimbatore,where the petitioner has to appear for every hearing. 3.

The learned counsel appearing for the petitioner submitted that the petitioner is now residing with her parents and her minor daughter in Villupuram, which is located 400 kilometers from Coimbatore. Further, he submitted that since the marriage took place at Villupuram, only the Family Judge, Villupuram, has jurisdiction to entertain the petition. 4.

The learned counsel appearing for the respondent submitted that the respondent has no objection in transferring the case from the file of the Family Court, Coimbatore, to the file of the Family Court, Villupuram.

Considering the above facts and circumstances and further taking note of the fact that the respondent has no objection in transferring the petition, this transfer civil miscellaneous petition is allowed as prayed for. Connected C.M.P. is closed. No costs.

09/04/25 nsd Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.G.Naveen Balaji S/o. Gowthaman, No. 60 Co-operative Nagar, Pillaiyampettai, Thiruvidaimarudhur Taluk, Umamaheshwarapuram, Thanjavur.

2.The Family Judge, Coimbatore.

3.The Family Judge, Villupuram.

P.T.ASHA J.

nsd 09-04-2025