J.Suji v. Sathish Kumar @ Nireshvarman

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.582 of 2025 and C.M.P. No.14295 of 2025 J. Suji ...

Petitioner vs.

Sathish Kumar @ Nireshvarman ...

Respondent Prayer : Tr. C.M.P. filed under Section 24 of Civil Procedure Code to withdraw and transfer HMOP petition No.1390 of 2021 from the file Subordinate Court, Alandur to the Family Court, Trichy. For Petitioner : Mr.V. Jayakumar For Respondent : Mr.G. Ramakrishnan - - - - - -

ORDER

The petitioner wife seeks transfer of H.M.O.P. No.1390 of 2021 from the file of the Subordinate Court, Alandur to the file of the Family Court, Tiruchirappalli, where the petitioner's O.P. for restitution of conjugal rights in H.M.O.P. No.378 of 2021 as well as M.C. 18 of 2022 1/4

are pending.

2. The learned counsel for the respondent, husband states that in both the H.M.O.Ps, trial has already commenced and therefore, it would not be possible for conducting a joint trial at this stage. He would therefore states that the belated request of the petitioner, wife for transfer should not be entertained.

3. I have carefully considered the submissions advanced by the learned counsel on either side.

4. Admittedly, the wife has sought for restitution of conjugal rights and the husband has sought for dissolution of the marriage. Both the proceedings are before two different Courts. In the interest of the parties, it would be desirable for the same Court to dispose of the said O.P.s, in order to avoid conflicting orders and multiplicity of proceedings.

5. In the light of fact that the trial has already commenced in both the O.P.s, while ordering transfer as prayed for, I direct the learned Family Court, Tiruchirappalli to conduct simultaneous trial of both the 2/4

O.Ps and considering that the O.Ps are pending from 2021, the learned Family Court, Tiruchirappalli shall expedite trial and dispose of the O.P.s along with M.C petition, on or before 31.01.2026.

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

1. The Subordinate Court, Alandur.

2. The Family Court, Trichy.

P.B. BALAJI, J.

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vsi2 TR. C.M.P. No.582 of 2025 and C.M.P. No.14295 of 2025 25.08.2025 4/4