Priya @ Shanmugapriya v. S.Karthick

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.09.2025

CORAM

THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN and C.M.P.No.12741 of 2024 Priya @ Shanmugapriya

...Petitioner

Vs.

S.Karthick ...Respondent Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C., to withdraw the H.M.O.P.No.112 of 2024 pending on the file of the Family Court, Tiruvallur, and transfer the same to the Hon'ble Family Court, Vellore.

For Petitioner :

Mr.D.Thirumoorthy For Respondent :

No appearance

ORDER

This petition has been filed to withdraw H.M.O.P.No.112 of 2024 pending on the file of the Family Court, Tiruvallur and transfer the same to the Family Court, Vellore.

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

3.The learned counsel for the petitioner would submit that the respondent has not chosen to enter appearance despite service of notice. I find that the service of notice has been completed on the respondent and the name of the respondent is also printed in the cause list for list of today's cases. The respondent is called and set ex-parte. 4.Learned counsel for the petitioner would further submit that after separation, the petitioner and her child are under the care and support of her parents. Learned counsel further submits that the petitioner find it very difficult to go to Tiruvallur to attend the hearings. 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 would be put to great loss and untold hardship.

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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.In view of the above and also subsequent developments that have been highlighted by the learned counsel for the petitioner, there can be no impediment for TR.C.M.P.No.586 of 2024 being allowed as prayed for. Accordingly, this Transfer Civil Miscellaneous Petition is allowed. The case in H.M.O.P.No.112 of 2024 is hereby withdrawn from the file of the Family Court, Tiruvallur and transferred to the file of the Family Court, Vellore. No costs. Consequently, connected miscellaneous petition is closed.

10.09.2025 Index : Yes/ No Speaking (or) Non Speaking Order pam To 1.The Family Court, Tiruvallur.

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2.The Family Court, Vellore.

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M.JOTHIRAMAN, J.

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