S. Hariprasath v. B. Karpagavalli

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.11.2025

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR Tr.C.M.P.No.

and C.M.P.No.

16233 of 2024 S.Hariprasath ... Petitioner Vs.

B.Karpagavalli ... Respondent Prayer : Transfer Civil Miscellaneous Petition filed under Section 24 C.P.C. to withdraw the O.P.No.256 of 2024 pending on the file of the learned Family Court Judge, Tiruppur and transfer the same to the file of the learned Principal Subordinate Judge, Kanchipuram. For Petitioner : Mr.G.Balamanikandan For Respondent : Mr.J.Franklin

O R D E R

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This Transfer Civil Miscellaneous Petition has been filed seeking to transfer the petition in O.P.No.256 of 2024 filed by the respondent/wife for dissolution of marriage from the file of the Family Court, Tiruppur to the file of the Sub Court, Kancheepuram.

2. The petitioner is the husband and the present transfer petition has been filed mainly on the ground that the respondent/wife is residing at Sriperumbudur, and that the petition has been filed by her before the Court at Tiruppur only with an intention to harass the petitioner/husband.

3. The respondent/wife filed a counter affidavit wherein she has asserted that she is employed in Tiruppur and having permanent residence there. In order to substantiate her plea, the respondent produced her employee ID card issued by SEM Garments Private Limited, Vasantham Nagar, Tiruppur. She has also produced a salary slip issued by her employer dated 27.04.2024. These documents have been annexed to the 2/5

typed set of papers filed by the respondent. Apart from these, the respondent's Aadhaar card also establishes that she is residing at Tiruppur. Therefore, assertion made by the petitioner/husband is not correct.

4. In such circumstances, I do not find any ground to allow the transfer application. Accordingly, this Transfer Civil Miscellaneous Petition is dismissed. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.

5. The learned counsel for the petitioner submitted that the petitioner apprehends threat to his physical safety at Tiruppur and therefore, the personal appearance of the petitioner may be dispensed with. It is open to the petitioner to file an appropriate application before the Court concerned seeking dispensation of his appearance. If any such 3/5

application is filed, the same will be considered on its own merits by the concerned Court.

24.11.2025 ms To 1.

The Judge, Family Court, Tiruppur.

2.

The Principal Subordinate Judge, Kanchipuram.

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S.SOUNTHAR, J.

ms Tr.C.M.P.No.

and C.M.P.No.

16233 of 2024 24.11.2025 5/5