Bhuvaneswari v. Gurunathan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.09.2025

CORAM:

THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN Bhuvaneswari ... Petitioner

Versus

Gurunathan ... Respondent Transfer Civil Miscellaneous Petition filed under Section 24 of the CPC, to withdraw and transfer H.M.O.P.No.1807 of 2024 pending on the file of Family Court, Coimbatore to the file of Subordinate Court, Aruppukottai. For Petitioner :

Ms.R.Poornima For Respondent :

Mr.M.N.Balakrishnan

O R D E R

The petitioner / wife has come up with the above transfer petition seeking transfer of H.M.O.P.No.1807 of 2024 from the file of Family Court, Coimbatore to the file of Subordinate Court, Aruppukottai. 2.

Heard the learned counsel on both sides.

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3.

The learned counsel appearing for the petitioner would submit that the respondent husband has filed H.M.O.P No.1807 of 2024 seeking divorce on the file of Family Court, Coimbatore and the same is pending. It is his further submission that as the petitioner is staying at Aruppukottai, Virudhunagar District and the Family Court, Coimbatore is around 295 Kilometers away, it will be very difficult for her to travel from Aruppukottai to Coimbatore for attending the case for each and every hearing. It is further submitted that the petitioner has also filed M.C.No.19 of of 2024 for maintenance before Judicial Magistrate, Aruppukottai and the same is pending. Hence, the present petition is filed seeking transfer.

4. The learned counsel appearing for the respondent/husband would submit that the respondent/husband has no objection in allowing this petition, but prays to issue a direction to the subordinate Court to dispense with the appearance of the respondent husband.

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 petitioner/wife.

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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.

7. Accordingly, this Transfer Civil Miscellaneous petition is allowed. The case in H.M.O.P.No.1807 of 2024 is hereby withdrawn from the file of the Family Court, Coimbatore and transferred to the file of the Subordinate Court, Aruppukottai. The appearance of the respondent husband before the Subordinate Court, Aruppukottai is dispensed with. However, the respondent husband shall appear as and when required by the Court below. No costs. Connected Civil Miscellaneous Petition is closed. 17.09.2025 gpa To

1. The Family Court, Coimbatore

2. The Subordinate Court, Aruppukottai M. JOTHIRAMAN, J.

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