S. Vinodhini v. S. Karthik

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-07-2025

CORAM

THE HONOURABLE MR.JUSTICE P.B. BALAJI and CMP No. 6097 of 2024 S. Vinodhini Petitioner(s) Vs S. Karthik Respondent(s) PRAYER: This transfer civil miscellaneous petition has been filed u/s 151 of Code of Civil Procedure, 1908 seeking to withdraw the proceedings in HMOP No. 178 of 2023 on the file of Sub Court, Udumalapet and transfer the same to II Additional Subordinate Judge, Coimbatore.

For Petitioner(s):

Mr.S. Surya For Respondent(s):

No appearance

ORDER

Despite attempts to serve notice on the respondent, the respondent did not appear and hence the petitioner was permitted to effect publication in any issue of Tamil daily having circulation in Tiruppur District where the husband

ordinarily resides. In compliance with the orders, the petitioner has also effected the publication in one issue of Makkal Kural, Coimbatore Edition dated 15.06.2025. The respondent is called and set ex-parte.

2. I have heard Mr.S.Surya, learned counsel for the petitioner.

3. The learned counsel for the petitioner states that the respondenthusband has chosen to file the proceedings before the Sub Court, Udumalapet in HMOP.No.178 of 2023. The petitioner-wife has chosen to file HMOP.No.57 of 2024 before the II Additional Subordinate Court, Coimbatore. The learned counsel for the petitioner also submits that the petitioner has to take care of her minor girl child aged six years and finding it difficult to attend the hearings before the Sub Court, Udumalapet.

4. In any event, now there are two proceedings pending and both those matters have to be jointly tried in the interest of the parties. I am inclined to transfer the HMOP.No.178 of 2023 from the file of Sub Court, Udumalapet to

the file of the II Additional Subordinate Court, Coimbatore to be jointly tried with HMOP.No.57 of 2024.

5. This transfer civil miscellaneous petition is allowed in above terms. No costs. Consequently, connected miscellaneous petition is closed. 17-07-2025 RAP Index:Yes/No Speaking/Non-speaking order Internet:Yes

To

1. The Sub Court, Udumalapet

2. The II Additional Subordinate Court, Coimbatore.

P.B.BALAJI J.

RAP and CMP No. 6097 of 17-07-2025