Bhuvaneshwari v. Maruthupandian

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.07.2025

CORAM

THE HONOURABLE MR JUSTICE P.B. BALAJI Tr.CMP.No.497 of 2025 & CMP.No.12125 of 2025 Bhuvaneshwari ... Petitioner Vs.

Maruthupandian ... Respondent Prayer: The Transfer Civil Miscellaneous Petition filed under Section 24 of CPC, to withdraw HMOP.No.6 of 2023 pending on the file of the SubCourt, Thittakudi, Cuddalore District, and transfer the same to the file of the Family Court, Perambalur.

For Petitioner : Mrs.D.Sujatha For Respondent : Mr.K.Jayabalan

ORDER

The petitioner/wife seeks transfer of HMOP.No.6 of 2023 pending on the file of the Sub-Court, Thittakudi, Cuddalore to be tried along with the HMOP.No.23 of 2024, which has been filed by the petitioner and pending before the Family Court, Perambalur.

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2.Heard the learned counsel for the parties.

3.The learned counsel for the petitioner/wife states that she resides in Perambalur and she is depending on her aged parents, who are requiring medical attention and hence, it is not possible for the petitioner to attend the proceedings before the Sub-Court at Thittakudi. 4.The learned counsel for the respondent/husband would however state that the distance between Perambalur and Thittakudi is only 40 kms and therefore, the petitioner/wife would not be put to any inconvenience. However, considering the fact that there is also proceedings for restitution of conjugal rights pending before the Family Court, Perambalur in HMOP.No.23 of 2024, in the interest of the parties themselves, both the matters are to be taken up together to avoid the conflicting orders and multiplicity of proceedings. In view of the above, I am inclined to allow the transfer request of the petitioner.

5.Accordingly, the Transfer Civil Miscellaneous Petition is allowed 2/4

and the case in HMOP.No.6 of 2023 is withdrawn from the file of the SubCourt, Thittakudi, Cuddalore is transferred to the file of the Family Court, Perambalur, to be tried along with HMOP.No.23 of 2024. There shall be no order as to costs. Connected Civil Miscellaneous Petition is closed. 11.07.2025 ata Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The Sub-Court, Thittakudi.

2.The Family Court, Perambalur.

P.B. BALAJI,J.

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ata Tr.CMP.No.497 of 2025 & CMP.No.12125 of 2025 11.07.2025 4/4