Agila v. D.Sathishkumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.07.2025 CORAM :

THE HONOURABLE MR. JUSTICE P.B. BALAJI and CMP.No.9027 of 2025 Agila

...Petitioner

Vs.

D.Satishkumar

...Respondent

Transfer Civil Miscellaneous Petition filed under Section 24 of Code of Civil Procedure to withdraw the petition in HMOP.No.656 of 2024, pending on the file of the Sub Court, Poonamallee and transfer the same to the Sub Court, Katpadi.

For Petitioner : Mr.B.Gopalakrishnan for Mr.M.Pugazhendhi For Respondent : Mr.B.Balamurali

ORDER

The petitioner/wife seeks transfer of HMOP.No.656 of 2024, pending on the file of the learned Sub Court, Poonamallee to the file of the Sub Court, Katpadi.

2. The petitioner and the respondent were referred to mediation to Page No.1 of 4

explore any possibility of amicable settlement. However, it is seen from the report of the Mediator that the settlement talks have failed. Hence, today, I have proceeded to hear the learned counsel for the parties.

3. Learned counsel for the petitioner states that the respondent/ husband has filed HMOP.No.656 of 2024 before the Sub Court, Poonamallee. The petitioner expresses difficulty in attending the proceedings before the Sub Court, Poonamallee which is about 120 Kms away from her residence, citing that she has nobody to assist her and her father is aged and he is also suffering from Paralysis. Hence, the petitioner/wife now seeks transfer of the said HMOP proceedings to the file of the Sub Court, Katpadi.

4. Per contra, the learned counsel for the respondent submits that the petitioner's mother and brother are very influential in Katpadi town and the respondent apprehends threats to his life and security if he is forced to attend proceedings before the Sub Court, Katpadi. Hence, he seeks for transfer of the said HMOP proceedings to Arakonam or any other Court midway, which would be convenient to the petitioner as well.

5. I have carefully considered the arguments advance by the Page No.2 of 4

learned counsel for the parties.

6. In order to balance equities, I deem it fit to transfer the HMOP proceedings to the file of the Sub Court, Ranipet. Accordingly, this Transfer Civil Miscellaneous Petition stands disposed of and the case in HMOP.No.656 of 2024 is hereby withdrawn from the file of the Sub Court, Poonamallee and transferred to the file of the Sub Court, Ranipet. The physical presence of the respondent/husband shall not be insisted upon by the Sub Court, Ranipet during all the hearing dates and the respondent is entitled to be represented by the learned counsel of his choice and he would appear before the Sub Court, Ranipet, physically only when his presence is absolutely necessary for the purposes such as examination in chief and cross. No costs. Consequently, the connected Civil Miscellaneous Petition is closed.

18.07.2025 skt Index : Yes / No Speaking order : Yes / No NCC : Yes / No P.B.BALAJI , J.

Page No.3 of 4

skt To 1.The Sub Court, Poonamallee.

2.The Sub Court, Ranipet.

and CMP.No.9027 of 2025 18.07.2025 Page No.4 of 4