M. Swathika v. Siva Ganesan .R

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.07.2025 CORAM :

THE HONOURABLE MR. JUSTICE P.B. BALAJI and CMP.No.15049 of 2025 M.Swathika

...Petitioner

Vs.

Siva Ganesan

...Respondent

Transfer Civil Miscellaneous Petition filed under Section 24 of Code of Civil Procedure to withdraw the HMOP.No.59 of 2025, pending on the file of the Hon'ble Family Court, Nagercoil and to transfer the same to the file of the Hon'ble Sub Court, Alandur at Chengalpattu District.

For Petitioner : Mr.C.Dayakar For Respondent : No Appearance

ORDER

The present Transfer CMP is at the instance of the petitioner/wife who is facing matrimonial proceedings in HMOP.No.59 of 2025 before the Family Court, Nagercoil, seeking transfer of the said HMOP to the Page No.1 of 4

file of the Sub Court, Alandur, Chengalpattu District.

2. Despite service of notice on the respondent, the respondent/ husband failed to appear before this Court either in person or through counsel. Hence, the respondent is called and set ex-parte.

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

4. The major grievance of the petitioner/wife is that the petitioner is an ordinary resident of Pallikaranai, Chennai and in order to enable her to attend the HMOP proceedings, the petitioner now seeks transfer of HMOP.No.59 of 2025 to the file of the Sub Court, Alandur, Chengalpattu District. The petitioner also set out inconvenience to travel long distance to attend the HMOP proceedings before the Family Court, Nagercoil.

5. Further, in any event, since the HMOP is sought to be transferred to Sub Court, Alandur, the presence of the respondent/ husband will also not be required during all hearing dates and therefore, no prejudice would be caused to the respondent/husband, if the present Transfer CMP is Page No.2 of 4

allowed.

6. I am satisfied that the petitioner has made out sufficient cause for seeking transfer of the HMOP proceedings pending on the file of the Family Court, Nagercoil. In view of the above, this Transfer Civil Miscellaneous Petition is allowed and the case in HMOP.No.59 of 2025 is hereby withdrawn from the file of the Family Court, Nagercoil and transferred to the file of the Sub Court, Alandur, Chengalpattu District. There shall be no order as to costs. Consequently, the connected Civil Miscellaneous Petition is closed.

28.07.2025 skt Index : Yes / No Speaking order : Yes / No NCC : Yes / No To 1.The Family Court, Nagercoil.

2.The Sub Court, Alandur, Chengalpattu District.

Page No.3 of 4

P.B.BALAJI , J.

skt and CMP.No.15049 of 2025 28.07.2025 Page No.4 of 4