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Madras High CourtTR CMP/602/2025allowed

Pavithra v. Srinivasan

2026-06-10Honourable Mrs.Justice T.V.Thamilselvi4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-06-2026

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI and CMP No.14776 of 2025

1. Pavithra W/o. Srinivasan No. 19/36, Hi School Road, Pallikonda, Vellore Dist. and 2 Others

2. Minor Mayurathi D/o. Srinivasan No. 19/36, Hi School Road, Pallikonda, Vellore Dist. Minors rep by the Mother (1st Petitioner)

3. Minor Praveen Krishnan D/o. Srinivasan No. 19/36, Hi School Road, Pallikonda, Vellore Dist. Minors rep by the Mother (1st Petitioner) Petitioner(s) Vs

1. Srinivasan S/o. Karunakaran No.120, Vinayagar Kovil Street, Pudhur Village, Balur Post, Ambur Taluk, Tirupattur Dist.

Respondent(s) Petition filed under Section 151 of Civil Procedure Code to withdrawn HMOP No.72 of 2024 on the file of Sub Court, Ambur and to transfer the same to Family Court, 1/4

Vellore.

For Petitioner(s):

For Respondent :

G.Vinodhkumar No appearance

ORDER

The petitioners filed the petition seeking to transfer HMOP No.72 of 2024 from the file of Sub Court, Ambur to Family Court, Vellore.

2. First Petitioner appeared in person. Notice was issued to the respondent and name was printed in the cause list, but none appeared for the respondent.

3. Learned counsel for the petitioners submits that the 1st petitioner is doing tailoring work and she is staying at Vellore with her parents along with her children and the respondent/husband is not cooperating for the divorce case filed by him in HMOP No.72 of 2024, pending before the Sub Court, Ambur and she finds it difficult to travel from Vellore to Ambur. Therefore, the petitioners have filed the present petition seeking to transfer HMOP No.72 of 2024 from the file of Sub Court, Ambur to Family Court, Vellore.

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4. On perusal of the records, it reveals that the 1st petitioner/wife filed maintenance case in F.C.M.C.No.05/2025 and the same was allowed by granting maintenance of Rs.60,000/-(Rupees Sixty Thousand Only)per month to the petitioner and the children, but, so far, the respondent has not complied with the condition.

5. In view of the above, I am inclined to transfer HMOP No.72 of 2024 from the file of Sub Court, Ambur to Sub Court, Vellore.

6. Accordingly, Tr.C.M.P.No.602 of 2025 is allowed and the proceedings in HMOP No.72 of 2024 is withdrawn from the file of Sub Court, Ambur and the same is transferred to Sub Court, Vellore. The Sub Court, Ambur is directed to send the entire records in HMOP No.72 of 2024 to the file of Sub Court, Vellore forthwith.

7. Once the case is taken on file, the Subordinate Court, Vellore is directed to issue notice to the respondent/husband and direct him to pay maintenance and arrears of maintenance and the Sub Court, Vellore is also directed . If he fails to pay the maintenance, the entire proceedings in HMOP No.72 of 2024 shall remain stayed. 3/4

T.V.THAMILSELVI.,J sr

8. Learned counsel for the petitioners submits that the respondent/husband got married with another woman and is having a child.

9. The Subordiante Court, Vellore is directed to verify the same during enquiry.

No costs. Consequently, connected miscellaneous petition is closed. 10.06.2026 sr Index:yes/no Website:yes/no Speaking Order/Non-speaking Order Note: Issue order copy on 11.06.2026 To

1. The Sub Court, Ambur

2. The Sub Court, Vellore 4/4