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Madras High CourtTR CMP/349/2026allowed

G.Premalatha Gnanaprakash v. C.Jayaprakash

2026-06-04Honourable Mrs.Justice T.V.Thamilselvi4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-06-2026

CORAM

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI TR.C.M.P.No.349 of 2026 C.M.P.No.9942 of 2026 G.Premalatha Gnanaprakash D/o. Late Gnanaprakash, TNHB - 1500 Apartment, MIG-I, Flat No.3/4, 1st Floor, Phase -2, Shollinganallur, Chennai - 600 119.

..Petitioner(s) Vs C.Jayaprakash S/o. S.R.Ganesh, No.25/75, South Street, Sandapet, Tirukoilur, Kallakurichi - 605 766.

..Respondent(s) Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C., praying to withdraw the H.M.O.P.No.6 of 2026 on the file of the learned Subordinate Judge, Tirukoilur and transfer the same to the file of the Hon'ble Subordinate Court, Alandur.

For Petitioner(s):

Ms.M.Muthu Yazhini For Respondent(s):

No appearance

ORDER

This petition has been filed to withdraw the case in H.M.O.P.No.6 of 2026 on the file of the Subordinate Judge, Tirukoilur and transfer the same to the file of the Subordinate Court, Alandur.

2.Heard learned counsel for the petitioner and perused the materials available on record.

3.There is no representation on the side of the respondent. 4.Learned counsel for the petitioner submits that the petitioner is residing at Shollinganallur, Chennai and she is diagnosed with early stage of uterus cancer and undergoing medical treatment for the same. Further, due to the petitioner's medical condition, she cannot travel frequently. Though the respondent presently working at Perungudi, Chennai has deliberately filed a petition in H.M.O.P.No.6 of 2026 before the Subordinate Judge, Tirukoilur. She further submits that Tirukoilur is 200 kms away from Shollinganallur. In case, the case proceeded further at Tirukoilur, it would be very difficult for the petitioner to travel more than 4 hours to attend the Court proceedings. It is the specific contention of the learned counsel for the petitioner that no prejudice would be caused to the respondent, if the transfer request made by the petitioner/wife is acceded to and if decided otherwise, she will be put to irreparable loss and hardship. Therefore, she prays to transfer the case to the Subordinate Court, Alandur.

5.I have gone through the affidavit filed in support of the transfer petition as well. I find merit in the submissions made by the learned counsel for the petitioner.

6.Considering the submission made by the learned counsel for the petitioner, this Court is inclined to transfer the case from the Subordinate Judge, Tirukoilur and transfer the same to the file of the Subordinate Court, Alandur with the condition that even thereafter the petitioner shifted the residence, the petitioner to continue the Court proceedings at Subordinate Court, Alandur. Accordingly, the case in H.M.O.P.No.6 of 2026 is hereby withdrawn from the file of the Subordinate Judge, Tirukoilur and transferred to the file of the Subordinate Court, Alandur. After receipt of the case papers from the Subordinate Judge, Tirukoilur, the Subordinate Court, Alandur is directed to send a notice to the respondent within 2 weeks. After due service of notice, the Subordinate Court, Alandur is directed to proceed with the matter. 7.Accordingly, this transfer civil miscellaneous petition is allowed. No costs. Consequently, connected civil miscellaneous petition is closed. 04-06-2026 Index: Yes/No Speaking/Non-speaking order pam To 1.The Subordinate Judge, Tirukoilur.

2.The Subordinate Court, Alandur.

T.V.THAMILSELVI, J.

pam TR.C.M.P.No.349 of 2026 C.M.P.No.9942 of 2026 04-06-2026