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Madras High CourtTR CMP/220/2025allowed

S.Nandini v. R.Arun Karthik

2025-06-06Honourable Mr.Justice P.B. Balaji4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.06.2025

CORAM

THE HONOURABLE MR JUSTICE P.B. BALAJI Tr.C.M.P.No.220 of 2025 & CMP.No.4233 of 2025 S.Nandini ... Petitioner vs.

R.Arun Karthik ... Respondent PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24 of Code of Civil Procedure to withdraw HMOP.No.85 of 2025 on the file of the Family Court, Coimbatore and to transfer the same to the Sub-Court, Alandur combine together HMOP.No.712 of 2024. For Petitioner : Mr.T.Dhanush For Respondent : No appearance

ORDER

The petitioner/wife seeks transfer of HMOP.No.85 of 2025 pending on the file of the Family Court, Coimbatore to be transferred to the file of the Sub-Court, Alandur, tried along with HMOP.No.712 of 2024. 1/4

2.Heard the learned counsel for the petitioner. 3.The learned counsel for the respondent/husband would fairly submit that without admitting the allegations made in the affidavit filed in support of the transfer petition, the respondent has no serious objection for the transfer request being acceded to.

4.I have gone through the affidavit filed in support of the transfer petition besides carefully considering the submissions advanced by the learned counsel for the petitioner.

5.Admittedly, the petitioner's HMOP.No.712 of 2024 is already pending before the Sub-Court, Alandur and therefore, there would be no serious prejudice caused to both the parties if HMOP.No.85 of 2025 is withdrawn from the file of the Family Court, Coimbatore and transferred to the file of the Sub-Court, Alandur, to be tried along with HMOP.No.712 of 2024.

6.In the light of the above, this Transfer Civil Miscellaneous Petition is allowed and the case in HMOP.No.85 of 2025 is hereby withdrawn from 2/4

the file of the Family Court, Coimbatore and transferred to the file of the Sub-Court, Alandur, and the same to be tried along with HMOP.No.712 of 2025. It is made clear that the physical presence of the respondent/husband shall not be insisted on all hearings, except for counselling and at the stage of Trial. The Sub-Court, Alandur shall expedite final disposal of HMOP.No.85 of 2025 and HMOP.No.712 of 2025and shall pass final orders on or before 31.03.2026. There shall be no order as to costs. Connected Civil Miscellaneous Petition is closed. 06.06.2025 ata To 1.The Family Court, Coimbatore.

2.The Sub-Court, Alandur.

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P.B. BALAJI,J.

ata Tr.C.M.P.No.220 of 2025 & CMP.No.4233 of 2025 06.06.2025 4/4