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Madras High CourtTR CMP/556/2025allowed

Mounika v. Praveenraj

2025-07-30Honourable Mr.Justice P.B. Balaji4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.07.2025 CORAM :

THE HONOURABLE MR. JUSTICE P.B. BALAJI and CMP.No.13630 of 2025 S.Mounika

...Petitioner

Vs.

Praveenraj

...Respondent

Transfer Civil Miscellaneous Petition filed under Section 24 of Code of Civil Procedure seeking to transfer the hearing of the OP.No.189 of 2025 before the Subordinate Judge at Alandur to Family Court, Salem. For Petitioner : Mr.V.Gunasekar For Respondent : Mr.M.Chinnathurai

ORDER

The petitioner/wife seeks transfer of OP.No.189 of 2025 pending on the file of the Subordinate Judge, Alandur to the file of the Family Court, Salem.

Page No.1 of 4

2. The respondent/husband opposes the present transfer application on the ground that he would be put to inconvenience if he is forced to attend the proceedings before the Family Court, Salem, since his presence before the Subordinate court, Alandur is not necessary.

3. I have heard the learned counsel on either side and I have also gone through the affidavit filed in support of this transfer petition.

4. I am satisfied that the petitioner has made out case for transfer as prayed for. However, at the same time, considering the objections of the respondent/husband, in order to balance equities, this Court, while allowing the present transfer application as prayed for by withdrawing the case in OP.No.189 of 2025 from the file of the learned Subordinate Judge, Alandur and transferring the same to the file of the Family Court, Salem, directs the Transferee Court not to insist on the physical presence of the respondent/husband for all hearings, except where it would be absolutely necessary.

Page No.2 of 4

5. With the above observations and directions, this Transfer Civil Miscellaneous Petition stands allowed. There shall be no order as to costs. Consequently, the connected Civil Miscellaneous Petition is closed. 30.07.2025 skt Index : Yes / No Speaking order : Yes / No NCC : Yes / No To 1.The Subordinate Court, Alandur.

2.The Family Court, Salem.

Page No.3 of 4

P.B.BALAJI , J.

skt and CMP.No.13630 of 2025 30.07.2025 Page No.4 of 4