Kavitha v. N.Kathiresan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-06-2026

CORAM

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI TR.C.M.P.No.307 of 2026 and C.M.P.No.8691 of 2026 Mrs.Kavitha W/o.Mr.Kathiresan, No.43/82, Seerangan Street 5, Dadagapatti, Salem - 636 006.

..Petitioner(s) Vs Mr.N.Kathiresan S/o.S.Nagarajan, Door No.106, Vellalar Street, Arasalur Post, Thotiyam Taluk, Tiruchirappalli - 621 203.

..Respondent(s) Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C., praying to withdraw and transfer of the H.M.O.P.No.5 of 2025 on the file of Sub Court, Musiri and transfer the same to the Family Court at Salem. For Petitioner(s):

Ms.Subhalaxmi Samanta For Respondent(s):

No appearance

ORDER

This transfer civil miscellaneous petition has been filed to withdraw the case in H.M.O.P.No.5 of 2025 on the file of the Sub Court, Musiri and transfer the same to the Family Court, Salem.

2.Heard learned counsel for the petitioner and perused the materials available on record.

3.Despite the name printed on the cause list, there is no representation on the side of the respondent.

4.Learned counsel for the petitioner submits that the petitioner is suffering from various health issues including permanent hearing loss. The respondent filed a divorce petition in H.M.O.P.No.5 of 2025 before the Sub Court, Musiri. The petitioner filed an interlocutory application for interim maintenance. The petitioner is residing at Salem with aged parents. She further submits that the distance between the petitioner's residence and the Sub Court, Musiri is 100 kms. and due to various health issues it is very difficult for her to attend each and every hearing before the Sub Court, Musiri. Since no source of income for the petitioner, she is depending upon her aged parents. Therefore, she prays to transfer the case to the Family Court, Salem. 5.I have gone through the affidavit filed in support of the transfer petition as well. I find merit in the submissions made by the learned counsel for the petitioner.

6.Considering the facts and circumstances of the case, the submissions made by the learned counsel for the petitioner and considering the fact that the petitioner is aged 46 years and she has permanent hearing loss, this Court is inclined to transfer the case on the file of the Sub Court, Musiri to the file of the Family Court, Salem. Accordingly, the case in H.M.O.P.No.5 of 2025 is hereby withdrawn from the file of the Sub Court, Musiri and transferred to the file of the Family Court, Salem. After receipt of the case papers from the Sub Court, Musiri, the Family Court, Salem is directed to send a notice to the respondent within four weeks. After due service of notice, the Family Court, Salem is directed to proceed with the matter in the manner known to law. 7.Accordingly, this transfer civil miscellaneous petition is allowed. No costs. Consequently, connected civil miscellaneous petition is closed. 16-06-2026 Index: Yes/No Speaking/Non-speaking order PAM

To 1.The Sub Court, Musiri.

2.The Family Court, Salem.

T.V.THAMILSELVI, J.

PAM TR.C.M.P.No.307 of 2026 and C.M.P.No.8691 of 2026 16-06-2026