V. Sumathi v. A. Venkatesh

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.09.2025

CORAM:

THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN & C.M.P.No.7061 of 2024 V.Sumathi ... Petitioner

Versus

A.Venkatesh ... Respondent Transfer Civil Miscellaneous Petition filed under Section 24 of CPC, to withdraw and transfer H.M.O.P.No.578 of 2021 from the file of Family Court, Tiruppur to the file of Sub-Court, Thiruvarur. For Petitioner :

Mr.B.Sundar For Respondent :

Mr.Devaraj Mahesh

O R D E R

The petitioner / wife has come up with the above transfer petition seeking transfer of H.M.O.P.No.578 of 2021 from the file of Family Court, Tiruppur to the file of Sub-Court, Thiruvarur. 1/4

2.

Heard the learned counsel on both sides.

3.

The learned counsel appearing for the petitioner would submit that the respondent husband has filed H.M.O.P No.578 of 2021 seeking divorce on the file of Family Court, Thiruppur and the same is pending. It is his further submission that as the petitioner is staying at Tiruneippair, Thiruvarur District and as the petitioner is having a minor daughter, it will be very difficult for her to travel from Thiruppur to Thiruvarur for attending the case for each and every hearing. Hence, the present petition is filed seeking transfer.

4. The learned counsel appearing for the respondent/husband would submit that the respondent/husband has no objection in allowing this petition, but prays to issue a direction to the subordinate Court to dispense with the appearance of the respondent husband.

5.

I have gone through the affidavit filed in support this petition and I find merit in the submissions made by the learned counsel for the petitioner/wife.

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6.

In view of the above and also considering the consent given by the other side, there can be no impediment for allowing this petition as prayed for.

7. Accordingly, this Transfer Civil Miscellaneous petition is allowed. The case in H.M.O.P.No.578 of 2021 is hereby withdrawn from the file of Family Court, Tiruppur and transferred to the file of Sub-Court, Thiruvarur . The appearance of the respondent husband before the Sub-Court, Thiruvarur is dispensed with. However, the respondent husband shall appear as and when required by the Court below. No costs. Connected Civil Miscellaneous Petition is closed.

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1. The Family Court, Tiruppur

2. The Subordinate Court, Thiruvarur 3/4

M. JOTHIRAMAN, J.

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