D. Yuvakannan v. Minor Y.Kural Amuthan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-09-2025

CORAM

THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN and C.M.P.Nos.9401 of 2024 D. Yuvakannan ... Petitioner

Versus

1. Minor Y. Kural Amuthan,

2. S. Nadhiya ... Respondents Prayer in Tr. CMP No.462 of 2024: Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C. to withdraw and transfer the case in O.S.No.88 of 2023 from the file of the District Munsif, Perundurai, to the file of the Munsiff Court, Kangayam.

For Petitioner :

Mr.A.K. Sachindhar For Respondents :

Mr. Saravana Kumar

ORDER

This petition has been filed to withdraw to withdraw and transfer the case in O.S.No.88 of 2023 from the file of the District Munsiff, Perundurai, to the file of the Munsiff Court, Kangayam.

2.

Heard the learned counsel on both sides.

3.

The learned counsel appearing for the petitioner would submit that the respondent wife has filed a suit in O.S. No.88 of 2023 before the District Munsiff, Perundurai praying for maintenance and creating a charge over the petitioner's property and M.C. No.9 of 2023 before the Judicial Magistrate, Kangayam, claiming maintenance. While being so, the petitioner has filed HMOP No.102 of 2023 before the Sub Court, Perundurai, seeking for restitution of conjugal rights. The petitioner is sole earning member of his family, living along with his old aged mother and he is also striving hard to support his son's education. The petitioner is also is taking care of his agriculture land. Hence, it will be very difficult to travel to attend all the aforesaid proceedings leaving his old aged mother from Kangayam to Perundurai. Hence, he seeks the relief as prayed for. 4.

Per contra, the learned counsel appearing for the respondent

would submit that the respondent 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 petitioner.

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 The case in O.S.No.88 of 2023 is hereby withdrawn from the file of the District Munsiff, Perundurai and transferred to the file of the Munsiff Court, Kangayam. No costs. Connected C.M.P. is closed. 17-09-2025 Lbm (1⁄2) Index:Yes/No Speaking/Non-speaking order Internet:Yes;

M.JOTHIRAMAN J.

lbm To 1.The District Munsiff, Perundurai.

2. Munsiff Court, Kangayam.

and C.M.P.Nos.9401 of 2024 17.09.2025