A.Priyanka v. R.Anand

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.06.2025 CORAM :

THE HONOURABLE MR. JUSTICE P.B. BALAJI and C.M.P.No.17876 of 2024 A.Priyanka ... Petitioner Vs.

R.Anand ... Respondent Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of Code of Civil Procedure to withdraw H.M.O.P.No.1753 of 2021 pending on the file of the Principal Family Court, Coimbatore and transfer the same to Sub Court, Coonoor, The Nilgiris.

For Petitioner : Mr.K.Balasubramaniam For Respondent : Mrs.S.Yogalakshmi *****

ORDER

The petitioner/wife seeks transfer of H.M.O.P.No.1753 of 2021 on the file of the Principal Family Court, Coimbatore to the file of the Sub Court, Coonoor, The Nilgiris.

Page No.1 of 4

2. Heard the learned counsel for the parties.

3. The petitioner states that she has suffered miscarriage and has been diagnosed with APLA syndrome, which is a blood disorder and the petitioner is taking treatment and therefore, she is not in a position to attend the hearings before the Principal Family Court, Coimbatore.

4. The learned counsel for the respondent fairly submits that the respondent/husband is aware of the medical condition of the petitioner/wife and has no serious objection for accepting the request of transfer. However, she would seek for the direction to the Sub Court, Coonoor, The Nilgiris to expeditiously dispose of the HMOP, which is pending from 2021 onwards.

5. In view of the above, there could be no impediment for acceding to the request of transfer by the petitioner. In fine, this Transfer Civil Miscellaneous Petition is allowed and the case in H.M.O.P.No.1753 of 2021 is hereby withdrawn from the file of the Principal Family Court, Coimbatore and transferred to the file of the Sub Court, Coonoor, The Page No.2 of 4

Nilgiris. On such transfer, the Sub Court, Coonoor, The Nilgiris shall take necessary steps to dispose of the case in H.M.O.P.No.1753 of 2021 expeditiously and at any rate on or before 31.10.2025. It is made clear that the physical appearance of the respondent shall not be insisted for all hearings by the Sub Court, Coonoor, The Nilgiris and his presence may be required only for hearings where it is absolutely necessary, for example, the chief examination/cross examination. There shall be no order as to costs. Consequently, the connected Civil Miscellaneous Petition is closed.

10.06.2025 Index : Yes / No Speaking order / Non-speaking order sp To 1.The Principal Family Court, Coimbatore.

2.The Sub Court, Coonoor, The Nilgiris.

Page No.3 of 4

P.B. BALAJI , J.

sp 10.06.2025 Page No.4 of 4