Umadevi v. S. Krishnaraj

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.09.2025

CORAM:

THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN Tr.CMP.No.316 of 2025 and C.M.P.No.6553 of 2025 Umadevi W/o.Krishnaraj ... Petitioner

Versus

S.Krishnaraj ... Respondent Prayer:- Transfer Civil Miscellaneous Petition filed under Section 24 of the CPC, to withdraw the proceedings in H.M.O.P.No.52 of 2024 from the file of Subordinate Judge, Lalgudi and transfer the same to the file of Family Court, Perambalur.

For Petitioner :

Mr.C.Vigneswaran For Respondent :

No appearance

O R D E R

The petitioner / wife has come up with the above transfer petition, seeking transfer of H.M.O.P.No.52 of 2024 from the file of Subordinate Judge, Lalgudi to the file of Family Court, Perambalur. 1/4

2. Despite service of notice in the above transfer petition, the respondent has neither chosen to appear in person nor through counsel. The name of the respondent is also printed in the cause list. Name of the respondent was called out, but there is no response. Hence, he is set ex parte. I have proceeded to hear the learned counsel for the petitioner. I have also gone through the affidavit filed in support of the request for transfer.

3. The learned counsel appearing for the petitioner would submit that the respondent husband has filed a petition for restitution of conjugal rights in H.M.O.P.No.52 of 2024 on the file of Subordinate Judge, Lalgudi and the same is pending.

4. The petitioner states that she is living with her parents in Perambalur District and it would be extremely difficult for her to attend each and every hearing at Subordinate Court, Lalgudi due to her medical condition and she is also not in a position to bear the cost of travel, accommodation and food as she is depending on her parents.

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5. I am satisfied that the petitioner has made out good ground for transferring H.M.O.P.No.52 of 2024 from the file of Subordinate Court, Lalgudi to the file of Family Court, Perambalur.

6. Accordingly, this Transfer Civil Miscellaneous Petition is allowed and the case in H.M.O.P.No.52 of 2024 is withdrawn from the file of Subordinate Court, Lalgudi and transferred to the file of the Family Court, Perambalur. Considering the facts and circumstances of the case, there shall be no orders as to costs. Consequently, connected Civil Miscellaneous Petition is closed.

17.09.2025 Index : Yes/No Speaking order : Yes/No Neutral Case Citation : Yes/No gpa To

1. The Subordinate Court, Lalgudi

2. The Family Court, Perambalur 3/4

M. JOTHIRAMAN, J.

gpa Tr.CMP.No.316 of 2025 and C.M.P.No.6553 of 2025 17.09.2025 4/4