G.Priya v. N.Ashwin

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.07.2025 CORAM :

THE HONOURABLE MR. JUSTICE P.B. BALAJI and CMP.No.12791 of 2025 G.Priya

...Petitioner

Vs.

N.Ashwin

...Respondent

Transfer Civil Miscellaneous Petition filed under Section 24 of Code of Civil Procedure to withdraw the H.M.O.P.No.619 of 2024 on the file of the Hon'ble Sub Court at Poonamalee and transfer the same to Hon'ble Family Court at Chengalpet.

For Petitioner : Mr.V.M.Venkatramana For Respondents : Mr.S.Manoharan

ORDER

The petitioner/wife, expressing inconvenience and also apprehending threats to her safety has come forward with the present Transfer CMP seeking transfer of H.M.O.P.No.619 of 2024 pending on Page No.1 of 4

the file of the Sub Court at Poonamalee to the file of the Family Court at Chengalpet.

2. The said application is opposed by the learned counsel for the respondent/husband on the ground that the respondent is the sole earning member of the family and it would be practically impossible for him to attend the proceedings before the Family Court at Chengalpet, whereas before the Sub Court, Poonamalee, the personal appearance of the parties is not mandatory.

3. Considering that the petitioner/wife has expressed inconvenience to travel all the way from Chengalpet to attend the hearings before the Poonamalee Court, this Transfer Civil Miscellaneous Petition is allowed and the case in H.M.O.P.No.619 of 2024 is hereby withdrawn from the file of the Sub Court, Poonamalee and transferred to the file of the Sub Court, Chengalpet. In view of the fact that the respondent's presence before the Sub Court, Chengalpet may not be necessary for all hearing dates and he is free to engage a counsel of his choice to conduct his case and shall appear before the Family Court, Page No.2 of 4

Chengalpet only when it is absolutely necessary, the interests of the respondent is also protected. There shall be no order as to costs. Consequently, the connected Civil Miscellaneous Petition is closed. 04.07.2025 skt Index : Yes / No Speaking order : Yes / No NCC : Yes / No To 1.The Sub Court, Poonamalee.

2.The Family Court, Chengalpet.

Page No.3 of 4

P.B.BALAJI , J.

skt and CMP.No.12791 of 2025 04.07.2025 Page No.4 of 4