Inthupriya v. Sivakumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-09-2025

CORAM

THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN and C.M.P.No.9269 of 2024

1. Mrs.Inthupriya W/o.Mr.Sivakumar

2. Minor S.Thanirika Represented by Mother Natural Guardian Mrs.Inthupriya Both are residing at No.25/14, Gold Nest, Jai Nagar II, Sundaravinayagar Koil Street, Chennai-600 106.

Petitioner(s) Vs Mr.Sivakumar A-124, TNHB Phase-1, Vellakinaru, Coimbatore District.

Respondent(s) Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C.

to withdraw and transfer the case in M.C.No.112 of 2023 along with CMP No.4 of 2023 on the file of the Additional Family court at Coimbatore to the Family Court at Chennai.

For Petitioner(s):

Mr.S.Muthuraman For Respondent(s): Mr.P.K.Rajagopal

ORDER

This petition has been filed to withdraw and transfer the case in M.C.No.112 of 2023 along with CMP No.4 of 2023 on the file of the Additional Family court at Coimbatore to the Family Court at Chennai. 2.

Heard the learned counsel on both sides.

3.

The learned counsel appearing for the petitioner would submit that the first petitioner/wife and the second petitioner/minor girl aged about 13 years filed M..No.180 of 2017 against the respondent on the file of Family Court, Coimbatore and the same was allowed on 20.11.2019 directing the respondent to pay a sum of Rs.1,00,000/- towards monthly

maintenance to the petitioners herein. As against the said maintenance, the respondent filed M.C.No.112 of 2023 seeking to modify the maintenance of Rs.1,00,000/- to Rs.50,000/- and subsequently, the petitioners filed to set aside petition in CMP No.4 of 2023 and the same was pending. The first petitioner pleads that she is unable to travel from Chennai to Coimbatore, for every hearing and that too she is neither to bring her daughter to Court hearings and nor leave alone at home.

4.

Per contra, the learned counsel appearing for the respondent/husband has no objection in allowing this petition. 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 first petitioner/wife.

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.

Accordingly, this transfer civil miscellaneous petition is allowed. The case in M.C.No.112 of 2023 along with CMP No.4 of 2023 is hereby withdrawn from the file of the Additional Family Court at Coimbatore to and transferred the same to the file of the Family Court, Chennai. No costs. Connected C.M.P. is closed.

16-09-2025 kal Index:Yes/No Speaking/Non-speaking order Internet:Yes;

To 1.The Additional Family Court, Coimbatore.

2.The Family Court, Chennai.

M.JOTHIRAMAN J.

kal and C.M.P.No.9269 of 2024 16.09.2025