Akilandeswari v. Manikandan

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.258 of 2026 and C.M.P.No.8014 of 2026 Akilandeswari W/o.Manikandan, Malawarayanallur Village, Srimusnam Taluk, Cuddalore District.

..Petitioner(s) Vs Manikandan S/o.Ramalingam, Backside of RR School, Kamarajar Nagar, Neelamangalam Post, KallaKurichi Taluk, Kallakurichi District.

Avriiyur Village, Maiyanur Post, Vanapuram Taluk, Kallakurichi District.

..Respondent(s) Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C., praying to withdraw the H.M.O.P.No.233 of 2025 on the file of Principal Subordinate Court, Kallakurichi and to transfer to Subordinate Court Chidambaram, Cuddalore District.

For Petitioner(s):

Mr.C.Adhikesavan For Respondent(s):

No appearance

ORDER

This transfer civil miscellaneous petition has been filed to withdraw the case in H.M.O.P.No.233 of 2025 on the file of the Principal Subordinate Court, Kallakurichi and transfer the same to the Subordinate Court, Chidambaram, Cuddalore District.

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 respondent filed a petition in H.M.O.P.No.233 of 2025 before the Principal Subordinate Court, Kallakurichi, seeking restitution of conjugal rights and he filed this petition only to harass the petitioner. The petitioner is residing with her parents. The distance between the petitioner's residence and the Principal Subordinate Court, Kallakurichi is 80 kms. and it is very difficult for her to attend each and every hearing before the Principal Subordinate Court, Kallakurichi. He further submits that the respondent is powerful person in his locality by money as well as politically, if the proceedings is continued at Kallakurichi, the petitioner will not be able contest the case without fear. Since no source of income for the

petitioner, she is depending upon her parents. Therefore, he prays to transfer the case to the Subordinate Court, Chidambaram, Cuddalore District. 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 and the submissions made by the learned counsel for the petitioner, this Court is inclined to transfer the case on the file of the Principal Subordinate Court, Kallakurichi to the file of the Subordinate Court, Chidambaram, Cuddalore District. Accordingly, the case in H.M.O.P.No.233 of 2025 is hereby withdrawn from the file of the Principal Subordinate Court, Kallakurichi and transferred to the file of the Subordinate Court, Chidambaram, Cuddalore District. After receipt of the case papers from the Principal Subordinate Court, Kallakurichi, the Subordinate Court, Chidambaram, Cuddalore District is directed to send a notice to the respondent within four weeks. After due service of notice, the Subordinate Court, Chidambaram, Cuddalore District 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 Principal Subordinate Court, Kallakurichi. 2.The Subordinate Court, Chidambaram, Cuddalore District.

T.V.THAMILSELVI, J.

PAM TR.C.M.P.No.258 of 2026 and C.M.P.No.8014 of 2026 16-06-2026