G.Sathiyapriya v. B.Krishnamoorthy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-06-2026

CORAM

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI TR.C.M.P.No.465 of 2025 and C.M.P.No.10948 of 2025 G.Sathiyapriya W/o. B.Krishnamoorthy, P.No. 4, Vijayalakshmi Nagar, Shanmuga Nagar (Via), Koothapakkam, Cuddalore- 607 002.

..Petitioner(s) Vs B.Krishnamoorthy S/o. Balakrishnan, TEH-2/140, Pudukottai Street, Omalur, Near School, Dharapuram, Poosaripatti, Salem- 636 305.

..Respondent(s) Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C., praying to withdraw the H.M.O.P.No.23 of 2025 pending on the file of the Subordinate Court at Omalur, Salem District and transfer the same to the Family Court at Cuddalore.

For Petitioner(s):

Mr.S.Manivasagam For Respondent(s):

Tapal not yet return either served or unserved

ORDER

This transfer civil miscellaneous petition has been filed to withdraw the case in H.M.O.P.No.23 of 2025 on the file of the Subordinate Court, Omalur, Salem District and transfer the same to the Family Court, Cuddalore. 2.Heard learned counsel for the petitioner and perused the materials available on record.

3.Despite the name printed on the cause list, there is no representation on the side of the respondent.

4.Learned counsel for the petitioner submits that the respondent filed a petition in H.M.O.P.No.23 of 2025 before the Subordinate Court, Omalur, Salem District only to harass the petitioner. The petitioner is 47 years old and residing at Koothapakkam, Cuddalore. The distance between the petitioner's residence and the Subordinate Court, Omalur, Salem District is 230 kms. and it is very difficult for her to attend each and every hearing before the Subordinate Court, Omalur, Salem District. He further submits that if the case is not transferred to Family Cuddalore, she will suffer irreparable loss and hardship. Therefore, he prays to transfer the case to the Family Court, Cuddalore.

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 facts and circumstances of the case, the submissions made by the learned counsel for the petitioner and considering the fact that the petitioner is aged 47 years, this Court is inclined to transfer the case on the file of the Subordinate Court, Omalur, Salem District to the file of the Family Court, Cuddalore. Accordingly, the case in H.M.O.P.No.23 of 2025 is hereby withdrawn from the file of the Subordinate Court, Omalur, Salem District and transferred to the file of the Family Court, Cuddalore. After receipt of the case papers from the Subordinate Court, Omalur, Salem District, the Family Court, Cuddalore is directed to send a notice to the respondent within four weeks. After due service of notice, the Family Court, Cuddalore is directed to proceed with the matter in the manner known to law.

7.Accordingly, this transfer civil miscellaneous petition is allowed. No costs. Consequently, connected civil miscellaneous petition is closed. 16-06-2026 Index: Yes/No Speaking/Non-speaking order PAM

To 1.The Subordinate Court, Omalur, Salem District. 2.The Family Court, Cuddalore.

T.V.THAMILSELVI, J.

PAM TR.C.M.P.No.465 of 2025 and C.M.P.No.10948 of 2025 16-06-2026