Bhavani v. Vijayakumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.09.2025

CORAM

THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN Mrs.Bhavani

...Petitioner

Vs.

Vijayakumar ...Respondent Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C., to withdraw the above H.M.O.P.No.110 of 2021 before the Family Court at Chengalpattu and transfer the same to the Hon'ble Family Court, Chennai.

For Petitioner :

Mr.M.Thiyagarajan For Respondent :

No appearance

ORDER

This petition has been filed to withdraw H.M.O.P.No.110 of 2021 before the Family Court, Chengalpattu and transfer the same to the Family Court, Chennai.

1/5

2.Heard the learned counsel for the petitioner and perused the materials available on record.

3.The learned counsel for the petitioner would submit that the respondent has not chosen to enter appearance despite service of notice. I find that the service of notice has been completed on the respondent and the name of the respondent is also printed in the cause list for list of today's cases. The respondent is called and set ex-parte. 4.Learned counsel for the petitioner would submit that the petitioner is living with her mother at Chennai after the demise of her father and due to her health issues, the Doctor advised her not to travel long time and hence, she is unable to appear before the above said case. Due to the petitioner's health condition and age old mother, it is very difficult for the petitioner to attend for each and every hearings at Chengalpattu. It is the specific contention of the learned counsel for the petitioner that no prejudice would be caused to the respondent, if the transfer request made by the petitioner/wife is acceded to. 2/5

5.I have gone through the affidavit filed in support of the transfer petition as well. I find merit in the submissions made by the learned counsel for the petitioner.

6.In view of the above and also subsequent developments that have been highlighted by the learned counsel for the petitioner, there can be no impediment for TR.C.M.P.No.315 of 2024 being allowed as prayed for. Accordingly, this Transfer Civil Miscellaneous Petition is allowed. The case in H.M.O.P.No.110 of 2021 is hereby withdrawn from the file of the Family Court, Chengalpattu and transferred to the file of the Family Court, Chennai. No costs.

10.09.2025 Index : Yes/ No Speaking (or) Non Speaking Order pam To 1.The Family Court, Chengalpattu.

2.The Family Court, 3/5

Chennai.

4/5

M.JOTHIRAMAN, J.

pam 10.09.2025 5/5