S.Poorani v. E.Samuvel Raj

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.07.2025 CORAM :

THE HONOURABLE MR. JUSTICE P.B. BALAJI and CMP.No.14622 of 2025 S.Poorani

...Petitioner

Vs.

E.Samuvel Raj

...Respondent

Transfer Civil Miscellaneous Petition filed under Section 24 of Code of Civil Procedure to withdraw SMOP.No.8 of 2025, pending on the file of the learned District Court, Mayiladuthurai and to transfer the same to the file of the learned V Hon'ble Family Court, Chennai. For Petitioner : Mr.A.Raj Kumar For Respondent : M/s.K.M.Vijayan Associates

ORDER

The petitioner/wife seeks transfer of SMOP.No.8 of 2025, pending on the file of the District Court, Mayiladuthurai which is a petition filed Page No.1 of 4

by the respondent/husband seeking dissolution of the marriage, to the file of the V Family Court, Chennai.

2. It is the specific case of the petitioner/wife that, the petitioner has filed a Maintenance claim in M.C.No.210 of 2025 and the same is pending before the V Additional Principal Judge, Family Court, Chennai and the petitioner seeks joint trial of both the matters. Apart from the request of joint trial, the petitioner also cites inconvenience to travel all the way from Chennai to attend the proceedings in SMOP.No.8 of 2025 before the District Court, Mayiladuthurai.

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

4. I am satisfied that the petitioner has made out case for transfer as prayed for. However, in order to balance equities, this Court, while allowing the present transfer application as prayed for by withdrawing the SMOP.No.8 of 2025 from the file of the District Court, Mayiladuthurai to the file of the V Family Court, Chennai, directs the V Page No.2 of 4

Additional Family Court, Chennai, not to insist upon the physical presence of the respondent/husband on all hearing date, except when it would be absolutely necessary. The V Additional Family Court, Chennai shall try SMOP.No.8 of 2025 which is being transferred to its file along with M.C.No.210 of 2025.

5. Accordingly, this Transfer Civil Miscellaneous Petition is allowed. There shall be no order as to costs. Consequently, the connected Civil Miscellaneous Petition is closed.

18.07.2025 skt Index : Yes / No Speaking order : Yes / No NCC : Yes / No To 1.The V Additional Family Court, Chennai.

2.The District Court, Mayiladuthurai.

Page No.3 of 4

P.B.BALAJI , J.

skt and CMP.No.14622 of 2025 18.07.2025 Page No.4 of 4