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Madras High CourtTR CMP/408/2025allowed

R.Gunasundari v. N.Soundar Rajan

2025-07-16Honourable Mr.Justice P.B. Balaji4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated :16.07.2025

CORAM:

THE HON'BLE MR. JUSTICE P.B. BALAJI Tr.C.M.P.No.408 of 2025 and CMP No.9172 of 2025 R.Gunasundari ... Petitioner vs N.Soundar Rajan .. Respondent Petition filed under Section 24 of Civil Procedure Code to withdraw HMOP No.224 of 2025, on the file of VII Additional Family Court, Chennai and transfer the same to Sub Court, Madurantagam. For Petitioner : Mr.K.Govi Ganesan For Respondent : Mr.K.Gopi

ORDER

Heard the learned counsel for the petitioner/wife.

2. Learned counsel for the petitioner states that the petitioner/wife finds it difficult to travel all the way from Pudhur Village, Madurantagam to Chennai to attend the proceedings pending before Family Court, Chennai and therefore, learned counsel for the petitioner seeks for transfer of proceedings in HMOP 1/4

No.224 of 2025 from the file of VII Additional Family Court, Chennai to Sub Court, Madurantagam.

3. However, learned counsel for the respondent/husband would state that the respondent has to take care of his physically challenged mother and there is none else to take care of his mother and it would be difficult for him to travel to Madurantagam for attending the hearing.

4. Considering the interest of both the parties, I am inclined to transfer the proceedings in HMOP No.224 of 2025 pending on the file of VII Additional Family Court, Chennai to Subordinate Court, Chengalpattu which would be convenient not only to the petitioner/wife but also to the respondent/husband. More over, being Sub Court, the physical appearance of the respondent/husband would not be insisted on all hearing dates.

5. In view of the above, Tr.CM.P.No.408 of 2025 is allowed and the proceedings in HMOP No.224 of 2025 pending on the file of VII Additional Family Court, Chennai is withdrawn and the same is transferred to Sub Court, Chengalpattu.

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6. The VII Additional Family Court, Chennai is directed to send the entire records relating to HMOP No.224 of 2025 to Sub Court, Chengalpattu forthwith.

7. The Sub Court, Chengalpattu shall not insist the physical presence of the respondent/husband on all hearing dates, except where it is absolutely necessary.

No costs. Consequently, connected miscellaneous petition is closed. 16.07.2025 Index: Yes/No Website:yes/no Speaking Order/Non-speaking Order sr To

1. The II Additional Family Court, Chennai

2. The Subordinate Court, Chengalpattu 3/4

P.B.BALAJI.,J.

sr 16.07.2025 4/4