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Madras High CourtTR CMP/698/2024allowed

Preethi v. Prabkaran

2025-09-12Honourable Mr.Justice M.Jothiraman4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.09.2025

CORAM:

THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN Tr.CMP.No.698 of 2024 and C.M.P.No.14943 of 2024 Preetha ... Petitioner

Versus

Prabakaran ... Respondent Prayer:- Transfer Civil Miscellaneous Petition filed under Section 24 of the CPC, to withdraw the HMOP No.77/2024, pending before the Principal SubOrdinate Judge, Kallakurichi, and transfer the same to the Family Court at Namakkal.

For Petitioner :

Mr.B. Vasudevan For Respondent :

No appearance

O R D E R

The petitioner / wife has come up with the above transfer petition, seeking transfer of H.M.O.P.No.77 of 2024 from the file of Principal SubOrdinate Judge, Kallakurichi, to the Family Court, Namakkal.

2. Despite service of notice in the above transfer petition, the 1/4

respondent has neither chosen to appear in person nor through counsel. The name of the respondent is also printed in the cause list. The respondent is called and set ex-parte. Hence, I have proceeded to hear the learned counsel for the petitioner. I have also gone through the affidavit filed in support of the request for transfer.

3. The petitioner has stated that she is staying at Namakkal and taking care of her child. It will be very difficult for the petitioner to travel along with her female child from Namakkal to Kallakurichi for attending the proceedings before the Principal Sub-ordinate Judge, Kallakurichi since distance of which is around 100 Kilo meters. Further, the petitioner has filed DVC No.06 of 2024 before the Additional Mahila Court, Namakkal against the respondent. Hence, he seeks the relief as prayed for. I am satisfied that the petitioner has made out good ground for transferring the said transfer petition.

4. In the light of the above, this Transfer Civil Miscellaneous Petition is allowed. The case in H.M.O.P.No.77 of 2024 is withdrawn from the file of 2/4

the Principal Sub-ordinate Judge, Kallakurichi, and transferred to the file of the Family Court, Namakkal. Considering the facts there shall be no orders as to costs. Consequently, connected Civil Miscellaneous Petition is closed. 12.09.2025 Lbm Index : Yes/No Speaking order : Yes/No Neutral Case Citation : Yes/No To

1. The Principal Sub-ordinate Judge, Kallakurichi,

2. The Family Court, Namakkal M. JOTHIRAMAN, J.

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Tr.CMP.No.698 of 2024 and C.M.P.No.14943 of 2024 12.09.2025 4/4