Umamaheswari v. V.Nirmalraj

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27-06-2025

CORAM

THE HONOURABLE MR.JUSTICE P.B. BALAJI and CMP No. 6057 of 2025 Umamaheswari Petitioner(s) Vs V.Nirmalraj Respondent(s) PRAYER: This transfer civil miscellaneous petition has been filed under Section 151 of Civil Procedure Code seeking to withdraw the petition in HMOP No.11 of 2025 pending on the file of Family Court at Tiruppur and transfer the same to the file of Family Court at Tiruvannamalai. For Petitioner(s):

M/s.G.Santhanu For Respondent(s):

M/s.C.Nandha Kumar

ORDER

This transfer civil miscellaneous petition has been filed seeking to withdraw the petition in HMOP No.11 of 2025 pending on the file of Family

Court, Tiruppur and transfer the same to the file of Family Court at Tiruvannamalai.

2. Heard the learned counsel for the parties.

3. The petitioner is the wife, who is the respondent in HMOP.No.11 of 2025 before the Family Court, Tiruppur which proceeding has been filed by the respondent-husband. The petitioner states that she is unable to attend the hearings before the Family Court, Tiruppur especially in view of necessity to take care of her two (2) years old child and has come forward with the present transfer request.

4. The objection taken by the respondent-husband is that the petitioner's family is very influential and at the same time, the respondent-husband apprehends that there may be threats to his safety and life, if he attends the proceedings before the Family Court, Tiruvannamalai. It is seen that, admittedly, proceedings are pending for the domestic violence in the Courts of

Tiruvannamalai. Therefore, there can be no impediment for the respondent to attend HMOP proceedings on the file of the Family Court, Tiruvannamalai.

5. The appearance of the respondent shall however, be dispensed with by the Family Court, Tiruvannamalai and his presence shall be required only when it is absolutely necessary and not for all hearing dates. Accordingly, the transfer civil miscellaneous petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.

27-06-2025 RAP Index:Yes/No Speaking/Non-speaking order Internet:Yes

To

1. The Family Court at Tiruppur

2. The Family Court at Tiruvannamalai

P.B.BALAJI J.

RAP and CMP No. 6057 of 27-06-2025