P.Janaki v. A.Suresh Kumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated :09.06.2025

CORAM:

THE HON'BLE MR. JUSTICE P.B. BALAJI Tr.C.M.P.No.290 of 2025 and C.M.P.No.5714 of 2025 P.Janaki .... Petitioner vs A.Suresh Kumar ... Respondent Tr.Civil Revision Petition filed under Section 24 of Civil Procedure Code seeking to withdraw H.M.O.P.No.1973 of 2024, pending on the file of the Family Court, Coimbatore and transfer the same to the file of Family Court, Nagercoil to try along with HMOP No.122 of 2025. For Petitioner : Ms.J.Poongodi For Respondent : S.Arjun

ORDER

The petitioner/wife has filed the present petition seeking transfer of HMOP No.1973 of 2024, pending on the file of Family Court, Coimabtore to the file of Family Court, Nagercoil, to be tried along with HMOP No.122 of 2025.

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2. Learned counsel for the respondent/husband states that the matters may be transferred to Subordinate Court so that the appearance of the parties would not be necessary for all the hearings. He would further submit that the petitioner has already appointed her mother as power agent and therefore, no serious prejudice would be caused to the petitioner/wife if the Tr.C.M.P is dismissed.

3. I have gone through the affidavit filed in support of the petition. Considering the fact that there is already a connected HMOP No.122/2025 is pending before the Family Court, Nagercoil, it would be just and proper to withdraw HMOP No.1973 of 2024 pending on the file of Family Court, Coimbatore and transfer the same to Family Court, Nagercoil to avoid multiplicity of proceedings and more confusion in the matrimonial dispute.

4. However, in order to balance equity, it is made clear that the Family Court, Nagercoil shall not insist the physical presence of the respondent/husband on all hearing dates, where it is absolutely necessary for e.g., either for counselling or for trial (chief or cross examination). 2/4

5. Accordingly, the Tr. C.M.P. No.290 of 2025 is allowed and H.M.O.P.No.1973 of 2024 pending on the file of Family Court, Coimbatore is withdrawn and transferred to the file of the Family Court, Nagercoil.

6. The Family Court, Coimbatore is directed to send the entire records relating to HMOP No.1973 of 2024 to the Family Court, Nagercoil.

7. The Judge, Family Court, Nagercoil is directed to take up HMOP No.1973 of 2024 and dispose of the same expeditiously, in a manner known to law. No costs. Consequently, connected miscellaneous petition is closed. 09.06.2025 Index: Yes/No Website:yes/no Speaking Order/Non-Speaking Order sr To

1. The Family Court, Coimbatore

2. The Family Court, Nagercoil 3/4

P.B.BALAJI.,J.

sr 05.06.2025 4/4