Keerthana v. Sabarinathan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.07.2025

CORAM

THE HONOURABLE MR JUSTICE P.B. BALAJI Tr.CMP.No.521 of 2025 & CMP.No.12960 of 2025 Keerthana ... Petitioner Vs.

Sabarinathan ... Respondent PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24 of CPC, to withdraw and transfer the proceedings in HMOP.No.69 of 2025 pending before the Subordinate Court, Pollachi to be tried along with M.C.No.60 of 2025 on the file of the Additional Principal Family Court, Coimbatore.

For Petitioner : Mr.G.Paramasivam For Respondent : Mr.S.Arjun

ORDER

The petitioner / wife has sought for transfer of H.M.O.P.No.69 of 2025, which is presently pending before the Subordinate Court, Pollachi, to be tried along with M.C.No.60 of 2025 pending on the file of the Additional Principal Family Court, Coimbatore.

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2.Heard the learned counsel for the parties.

3.The petitioner has expressed difficulty to travel from Pollachi to attend the hearings and also has the additional duty of taking care of her minor child aged 7 years.

4.Per contra, the learned counsel for the respondent would submit that the respondent has underwent major surgeries and was in-patient for close to two years in the hospital and it would be practically impossible for the respondent also to travel long distances in order to attend the hearings. He would therefore request for M.C.No.60 of 2025 as well as HMOP.No.69 of 2025 to be taken up by the Subordinate Court, Coimbatore. The learned counsel for the petitioner has no serious objection for the said request. 5.In the light of the above, the Transfer Civil Miscellaneous Petition is allowed in the manner following:

(i) M.C.No.60 of 2025 pending on the file of the Additional Principal Family Court, Coimbatore, shall be withdrawn from its file and transferred to the file of the Principal Sub-Court, Coimbatore. (ii) H.M.O.P.No.69 of 2025 pending on the file of the Subordinate 2/4

Court, Pollachi, is transferred to the file of the Principal Sub-Court, Coimbatore.

(iii) The Principal Sub-Court, Coimbatore, shall take up joint trial of these matters and dispose of the same expeditiously. (iv) The Principal Sub-Court, Coimbatore, shall not insist on the physical presence of the parties for all hearing dates, except where it is absolutely necessary.

(v) There shall be no order as to costs. Connected Civil Miscellaneous Petition is closed.

02.07.2025 Speaking/Non-speaking : Yes/No Index : Yes / No ata To 1.The Subordinate Judge, Pollachi.

2.The Additional Principal Family Court, Coimbatore. 3/4

P.B. BALAJI,J.

ata Tr.CMP.No.521 of 2025 & CMP.No.12960 of 2025 02.07.2025 4/4