N.Chithra Devi v. J.Bharathkumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.09.2025

CORAM

THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN and C.M.P.No.6667 of 2024 N.Chithra Devi

...Petitioner

Vs.

J.Bharathkumar ...Respondent Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C., to withdraw the H.M.O.P.No.25 of 2024 from the learned Sub Court, Alandur filed by the respondent and transfer the same to the learned Family Court, Chengalpattu.

For Petitioner :

Mr.P.Vijendran For Respondent :

No appearance

ORDER

This petition has been filed to withdraw the petition in H.M.O.P.No.25 of 2024 on the file of Sub Court, Alandur and transfer the same to the Family Court, Chengalpattu.

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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 residing in Kancheepuram and working as a Teacher in order to run her life as well as to provide education to her daughter. Learned counsel would further submit that it is very difficult for the petitioner to attend the court proceedings at Alandur . Further, the petitioner filed a case in F.C.O.P.No.348 of 2019 and also a maintenance petition in the same Court, both are pending on the file of the Family Court, 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.325 of 2024 being allowed as prayed for. Accordingly, this Transfer Civil Miscellaneous Petition is allowed. The case in H.M.O.P.No.25 of 2024 is hereby withdrawn from the file of the Sub Court, Alandur and transferred to the file of the Family Court, Chengalpattu. No costs. Consequently, connected miscellaneous petition is closed.

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

2.The Family Court, 3/5

Chengalpattu.

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M.JOTHIRAMAN, J.

pam 10.09.2025 5/5