N.Dharani v. L.Gokulakrishnan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated :18.06.2025
CORAM:
THE HON'BLE MR. JUSTICE P.B. BALAJI Tr.C.M.P.No.287 of 2025 and C.M.P.No.5649 of 2025 N.Dharani .... Petitioner vs L.Gokulakrishnan ... Respondent Tr.Civil Revision Petition filed under Section 24 of Civil Procedure Code seeking to withdraw HMOP No.342 of 2025 pending on the file of II Additional Family Court at Chennai and transfer the same to Sub Court, Poonamallee.
For Petitioner : Ms.V.Bhavani For Respondent : Ms.V.Anuradha For Mr.T.Surendran
ORDER
The petitioner/wife has filed the petition seeking transfer of HMOP No.342 of 2025 pending on the file of II Additional Family Court at Chennai to Sub Court, Poonamallee.
2. Learned counsel for the petitioner submits that the petitioner has 1/4
filed HOMOP SR No.1846 of 2025 before Sub Court, Poonamallee for restitution of conjugal rights and the same is subsequently numbered as HMOP No.184 of 2025 and the next hearing date is 12.8.2025.
3. Learned counsel for the respondent/husband submits that both the parties are employed in Chennai and therefore, it would be convenient for not only the petitioner but also to the respondent to retain HMOP No.342 of 2025 in Chennai. Learned counsel further states that the respondent has not received any notice in HMOP No.184 of 2025.
4. I have considered the submissions made on either side.
5. The respondent/husband is admittedly a resident of Selaiyur and working at Tidel Park and the petitioner is a resident of Valasaravakkam and she is employed in DLF at Ramapuram. Considering the distance that would be required to be travelled by the parties and also in view of the fact that there is a proceeding in HMOP No.184 of 2025 pending before Sub Court, Poonamallee, I am inclined to accept the transfer request made by the petitioner.
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6. Accordingly, the Tr. C.M.P. No.287 of 2025 is allowed and HMOP No.342 of 2025 pending on the file of II Additional Family Court, Chennai is withdrawn and the same is transferred to Sub Court, Poonammallee.
7. The II Additional Family Court, Chennai is directed to send the entire records relating to HMOP No.342 of 2025 to Sub Court, Poonamallee forthwith.
8. The respondent/husband's physical presence shall not be insisted upon by the Subordinate Court, Poonamalee except for the hearings that is absolutely necessary.
18.06.2025 Index: Yes/No Website:yes/no Speaking Order/Non-Speaking Order sr To
1. The II Additional Family Court, Chennai
2. The Sub Court, Poonamallee 3/4
P.B.BALAJI.,J.
sr 18.06.2025 4/4