Sathya v. Kaleeswara Bharathi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.09.2025

CORAM:

THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN Tr.CMP.No.431 of 2024 and C.M.P.No.8911 of 2024 Mrs.Sathya ... Petitioner

Versus

Mr. Kaleeswara Bharathi ... Respondent Prayer:- Transfer Civil Miscellaneous Petition filed under Section 24 of the CPC, to withdraw the HMOP No.65/2022, pending before the II Additional Subordinate Judge, Coimbatore, and transfer the same to the Family Court at Tiruppur.

For Petitioner :

Mr.A.E. Ravichandran For Respondent :

No appearance

O R D E R

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The petitioner / wife has come up with the above transfer petition, seeking transfer of H.M.O.P.No.65 of 2022 from the file of II Additional Subordinate Judge, Coimbatore, to the Family Court, Tiruppur.

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. The respondent is called and set ex-parte. Hence, 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 petitioner has stated that she is staying with her parents in Tiruppur having taken care of her 8 year old child and it is very difficult to her for attending the proceedings before the II Additional Subordinate Judge, Coimbatore,. She has also expressed her difficulty in travelling all the way from Tiruppur to Coimbatore for attending the proceedings along with her 8 year old child. Further, she has stated that she has filed M.C. No.17 of 2024 before the Family Court, Tiruppur, seeking for maintenance and it may be 2/4

tried along with the said HMOP case. Hence, I am satisfied that the petitioner has made out good ground for transferring the said transfer petition.

4. In the light of the above, this Transfer Civil Miscellaneous Petition is allowed. The case in H.M.O.P.No.65 of 2022 is withdrawn from the file of the II Additional Subordinate Judge, Coimbatore, and transferred to the file of the Family Court, Tiruppur. Considering the facts, there shall be no orders as to costs. Consequently, connected Civil Miscellaneous Petition is closed. 12.09.2025 Lbm Index : Yes/No Speaking order : Yes/No Neutral Case Citation : Yes/No To

1. II Additional Subordinate Judge, Coimbatore,

2. The Family Court, Tiruppur.

M. JOTHIRAMAN, J.

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