Kavitha v. R Tamilarasan

THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25.08.2025

CORAM:

THE HON'BLE MR. JUSTICE P.B. BALAJI TR. C.M.P. No.559 of 2025 and C.M.P. Nos.13751, 13752 and 13961 of 2025 Kavitha ...

Petitioner vs.

R. Tamilarasan ...

Respondent Prayer : Tr. C.M.P. filed under Section 24 of Civil Procedure Code to withdraw the H.M.O.P. No.18 of 2025 pending on the file of Subordinate Judge at Ponneri, Thiruvallur District and transfer the same to the file of Family Court at Puducherry.

For Petitioner : Mr.E. Anbarasan For Respondent : Mr.M. Theivakumar - - - - - -

ORDER

Heard the learned counsel for the parties.

2. The petitioner wife seeks transfer of H.M.O.P. No.18 of 2025 from the file of the Sub Court, Ponneri, Tiruvallur District to be jointly 1/4

tried along with M.O.P. No.90 of 25 pending before the Family Court, Puducherry.

3. The learned counsel for the respondent fairly states that both the O.Ps will have to be tried together and he has no serious objection for the Transfer C.M.P., being ordered as prayed for.

4. In the light of the admitted fact that there are two O.Ps pending, one filed by the petitioner and the other filed by the respondent, in the interest of the parties concerned, it would be desirable for them to have a joint trial of both the matters. Considering the inconvenience expressed by the petitioner wife to attend the proceedings before the Sub Court, Ponneri, Tiruvallur District, I am inclined to transfer the said H.M.O.P. No.18 of 2025 from the file of Sub Court, Ponneri to be jointly tried along with M.O.P. No.90 of 2025 pending before the Family Court, Puducherry.

5. The learned Family Court Judge, Puducherry shall not insist on the physical presence of the respondent husband on all hearing dates, except where his presence would be absolutely necessary. 2/4

6. With the above directions, this Transfer C.M.P. is allowed. No costs. Consequently, connected miscellaneous petitions are closed. 25.08.2025 Internet:Yes/No Index:Yes/No Speaking/Non-speaking order vsi2 To

1. The Subordinate Judge Ponneri, Thiruvallur District.

2. The Family Court Puducherry.

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P.B. BALAJI, J.

vsi2 TR. C.M.P. No.559 of 2025 and C.M.P. Nos.13751, 13752 and 13961 of 2025 25.08.2025 4/4