M.Kanimozhi v. R.Sathish

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.08.2025 CORAM :

THE HONOURABLE MR. JUSTICE P.B.BALAJI and CMP.No.6500 of 2025 M.Kanimozhi

...Petitioner

Vs.

R.Sathish

...Respondent

Transfer Civil Miscellaneous Petition filed under Section 24 of Code of Civil Procedure to withdraw the petition in HMOP.No.556 of 2024, pending on the file of the Family Court at Salem and transfer the same to the Family Court, Dharmapuri District. For Petitioner : Mr.K.Sathiya Murthi For Respondent : Mr.P.M.Prasanth Narayanan

ORDER

The petitioner/wife seeks transfer of HMOP.No.556 of 2024 pending on the file of the Family Court, Salem to the file of the Family Court, Dharmapuri District.

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2. Heard the learned counsel for the petitioner as well as the respondent and I have also gone through the affidavit filed in support of the transfer application. I am satisfied that the petitioner has made a good ground, seeking transfer as prayed for.

3. The learned counsel for the respondent states that the respondent is a sole breadwinner of the family and he will be forced to attend the proceedings in the Family Court, Dharmapuri District, which would seriously prejudice his interest.

4. In order to balance equities, while disposing of the Transfer Civil Miscellaneous Petition, I am inclined to allow the Transfer Civil Miscellaneous Petition, and accordingly H.M.O.P.No.556 of 2024 is withdrawn from the file of Family Court, Salem and transferred to the file of Family Court, Dharmapuri District. The transferee Court, viz., The Family Court, Dharmapuri District, shall not insist upon the physical presence of the respondent in all hearing dates, except the dates, when Page No.2 of 4

the respondent is to be examined in chief, where it would be absolutely necessary.

5. In the light of the above, this Transfer Civil Miscellaneous Petition stands allowed. H.M.O.P.No.556 of 2024 shall be disposed of, within a period of one (1) year from the date of receipt of a copy of this order. No costs. Consequently, the connected Miscellaneous Petition is closed.

28.08.2025 jd Index : Yes / No Speaking order : Yes / No NCC : Yes / No To

1. The Family Court, Salem.

2. The Family Court, Dharmapuri District.

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P.B. BALAJI , J.

jd and CMP.No.6500 of 2025 28.08.2025 Page No.4 of 4