M.Gowrilakshmi v. U.Vijaybabu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.07.2025

CORAM

THE HONOURABLE MR. JUSTICE P.B.BALAJI and CMP.No.9915 of 2025 L.Gowrilakshmi D/o.G.Kandhasamy ... Petitioner Vs.

T.Vijaybabu, S/o.Ramasamy ... Respondent Prayer:Transfer CMP filed under Section 24 of Civil Procedure Code, to withdraw the E.P.No.50 of 2025 in H.M.O.P.No.07 of 2016 on the file Principal Family Court Judge, Chidambaram and transfer the same to the Principal Sub Judge at Tambaram.

For Petitioner : M/s.T.Muthukumaran For Respondent : Mr.M.Sounderrajan

ORDER

The transfer CMP is filed to withdraw E.P.No.50 of 2025 in H.M.O.P.No.07 of 2016, on the file Principal Family Court, Chidambaram and transfer the same to Principal Sub Court at Tambaram. 2.

Heard the learned Counsel on either side and perused the

materials available on record.

3.

Learned Counsel for the petitioner would state that the petitioner / wife has filed execution petition ,which is pending in EP.No.50 of 2025. The said execution petition has been filed for execution of decree for permanent alimony. The specific contention of the petitioner even in the affidavit filed in support of the transfer CMP is that, since the petitioner resides within the jurisdiction of the Tambaram Court namely at Selaiyur, she is unable to travel 7 to 8 hours to attend the execution proceedings. It is also the further contention of the petitioner that, despite two Advocates being engaged to take care of the execution petition, there has been no proper response, which constrained the petitioner to travel to Chidambaram for every hearing, which requires at least about 7 to 8 hours of road travel, for which the petitioner states that she has to depend on somebody for the same. 3.

In view of the above, I am inclined to transfer the execution petition, since the petitioner has made out sufficient cause for transfer of the execution petition, pending on the file of the Principal Family Court, Chidambaram. Accordingly, the Execution Petition in EP.No.50 of 2025 in HMOP.No.7 of 2016 on the file of the Principal Family Court, Chidambaram

is withdrawn and transferred to the file of the Sub-Court, Tambaram. 4.

The Principal Family Court, Chidambaram is directed to send the entire records relating to EP.No.50 of 2025 in HMOP.No.7 of 2016 to SubCourt, Tambaram forthwith. 5.

The Sub-Court, Tambaram on receipt of the papers shall expedite the disposal of the execution petition and pass final orders on merits and in accordance with law, within a period of three months from the date of receipt of a copy of this order.

In the result, this transfer CMP is allowed. No costs. Consequently, connected miscellaneous petition is closed.

14.07.2025 veda

P.B.BALAJI, J.

veda To 1.The Principal Family Court, Chidambaram.

2.The Sub-Court, Tambaram.

TR.CMP.No.427 of 2025 and CMP.No.9915 of 2025 14.07.2025