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Madras High CourtTR CMP/680/2024allowed

Arulselvi v. Jothi Baskar

2025-09-10Honourable Mr.Justice M.Jothiraman5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-09-2025

CORAM

THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN TR CMP No.680 of 2024 and CMP No.14693 of 2024 Arulselvi D/o.Selvaraj, No.221, Vandikkaratheru, Sittharkadu, Mayiladuthurai Taluk, Namakkal District.

Petitioner(s) Vs Jothi Baskar S/o.Subramaniyan, Palaiyur, Mannargudi Taluk, Tiruvarur District.

Respondent(s) Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C. to withdraw H.M.O.P.No.302 of 2021 from the file of the Family Court, Mannargudi and transfer the same to the file of the Subordinate Court, Mayiladuthurai.

For Petitioner(s):

Mr.B.Jawahar

For Respondent(s): No appearance

ORDER

This petition has been filed to withdraw H.M.O.P.No.302 of 2021 from the file of the Family Court, Mannargudi and transfer the same to the file of the Subordinate Court, Mayiladuthurai. 2.

The learned counsel appearing for the petitioner would submit that the respondent/husband filed a petition for restitution of conjugal rights before the Family Court, Mannargudi and the same is pending in H.M.O.P.No.302 of 2021. The petitioner/wife is living in her parental home at Mayiladuthurai along with her children and she is totally depending upon her parents for her livelihood. That apart, the petitioner's children are studying at Mayiladuthurai. In such circumstances, it is very difficult for her to travel from Mayiladuthurai to Mannargudi for attending each and every hearing of the case. Therefore, the case in H.M.O.P.No.302 of 2021 may be withdrawn from the file of the Family Court, Mannargudi and transferred to the file of the Subordinate Court, Mayiladuthurai. 3.

Though the respondent entered appearance through a counsel

and the name of the learned counsel duly shown in the cause list, there is no representation on behalf of the respondent/husband today. 4.

I have gone through the affidavit filed in support this petition and I find merit in the submissions made by the learned counsel for the petitioner/wife.

5.

In view of the above and also considering the submissions made by the learned counsel for the petitioner/wife, there can be no impediment for allowing this petition as prayed for.

Accordingly, this transfer civil miscellaneous petition is allowed. The case in H.M.O.P.No.302 of 2021 is hereby withdrawn from the file of the Family Court, Mannargudi and transferred to the file of the Subordinate Court, Mayiladuthurai. No costs. Connected C.M.P. is closed. 10-09-2025 nsd Index:Yes/No Speaking/Non-speaking order Internet:Yes;

To

1.The Judge, Family Court, Mannargudi.

2.The Subordinate Judge, Mayiladuthurai.

M.JOTHIRAMAN J.

nsd

10.09.2025