Mahalakshmi v. Arun Prasath

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.07.2025 CORAM :

THE HONOURABLE MR. JUSTICE P.B. BALAJI and CMP.No.14189 of 2025 Mahalakshmi

...Petitioner

Vs.

Arun Prasath

...Respondent

Transfer Civil Miscellaneous Petition filed under Section 24 of Code of Civil Procedure to withdraw the HMOP.No.2 of 2025 pending on the file of the Hon'ble Sub Court, Omalur and transfer the same to the Hon'ble Family Court, Chennai.

For Petitioner : Ms.L.Srileka For Respondent : Ms.J.Saktheeshwari for Mr.M.Vijayaragavan

ORDER

The petitioner/wife seeks transfer of HMOP.No.2 of 2025 pending on the file of the Sub Court, Omalur to the file of the Family Court, Chennai.

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

3. Learned counsel for the respondent/husband fairly submitted that the the respondent has no serious objection for transfer of HMOP.No.2 of 2025 as prayed for by the petitioner/wife. However, he submits that, it would suffice, if this Court issues appropriate direction to the Family Court, Chennai for expeditious disposal of the said HMOP proceedings on transfer and also a further direction to the Family Court to not insist on the physical appearance of the respondent/husband for all hearing dates.

4. In the light of the fair submission made by the learned counsel for the respondent, the case in HMOP.No.2 of 2025 is hereby withdrawn from the file of the Sub Court, Omalur and transferred to the file of the Family Court, Chennai to be taken up either by the Principal Family Court, Chennai or at its discretion be posted before any of the other Additional Family Courts, considering the pendency of the cases pending before the Family Courts in Chennai. The Transferee Court shall not Page No.2 of 4

insist on the physical presence of the respondent/husband for all hearings, except where it would be absolutely necessary.

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

2.The Sub Court, Omalur.

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P.B.BALAJI , J.

skt and CMP.No.14189 of 2025 28.07.2025 Page No.4 of 4