S Praveen Raj v. T R Annapriya

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.03.2025

CORAM

THE HONOURABLE MS. JUSTICE P.T.ASHA and C.M.P.No.4297 of 2025 S.Praveen Raj ... Petitioner Vs T.R.Annapriya ... Respondent PRAYER: Petition filed under Section 24 of the Code of Civil Procedure, to withdraw the case in H.M.O.P.No.195 of 2024 from the file of the Family Court, Tiruvallur and transfer the same to the Family Court, Kanchipuram.

For Petitioner : Mr.V.Karthigaipriya

ORDER

The Petitioner/husband has filed this Transfer Civil Miscellaneous Petition seeking to withdraw the case in H.M.O.P.No.195 of 2024 pending on the file of the Family Court, Tiruvallur and transfer the same to the Family Court, Kancheepuram. 1/5

2. The petitioner had filed F.C.O.P.No.232 of 2023 on the file of the Family Court, Vellore seeking a divorce. This O.P has been transferred to the file of the Family Court, at Tiruvallur pursuant to the orders passed by this Court on 15.04.2024 in Tr.C.M.P.No.1201 of 2024 and renumbered as H.M.O.P.No.195 of 2024.

3. The respondent/wife has filed a maintenance case before the Chief Judicial Magistrate, Tiruvallur in M.C.No.15 of 2024 claiming maintenance, initiated DVC proceedings bearing No.26 of 2024 and also a petition for restitution of conjugal rights in H.M.O.P.No.275 of 2023 on the file of the Family Court at Tiruvallur.

4. The petitioner would submit that respondent/wife's family are very influential people and are politically connected. He fears an attack by them and therefore, he is reluctant to attend the hearings at Tiruvallur. Hence, he has filed this Tr.CMP.

2/5

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

6. The records would indicate that there are 3 other proceedings that are pending before the Courts at Tiruvallur. While so, this Tr.C.M.P has been filed to transfer only H.M.O.P.No.195 of 2024 to the file of the Family Court, Kancheepuram. Such a request cannot be granted, since the respondent/wife is residing at Tiruvallur and the petitioner's H.M.O.P had already been transferred to the file of the Family Court at Thiruvallur. Once again, the same cannot be re-transferred. The petitioner / husband has not made out a ground for transfer. Accordingly, the transfer civil miscellaneous petition is dismissed. No costs. Consequently, connected civil miscellaneous petition is closed.

05.03.2025 srn To

1. The Family Court, Tiruvallur

2. The Family Court, Kanchipuram.

3/5

4/5

P.T. ASHA, J., srn and C.M.P.No.4297 of 2025 05.03.2025 5/5