S.M. Bhuvana v. R. Yogeshwaran

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.07.2025 CORAM :

THE HONOURABLE MR. JUSTICE P.B. BALAJI and CMP.No.16352 of 2024 S.M.Bhuvana

...Petitioner

Vs.

R.Yogeshwaran

...Respondent

Transfer Civil Miscellaneous Petition filed under Section 24 of Code of Civil Procedure to withdraw the HMOP.No.104 of 2024 from the file of the Hon'ble Subordinate Court at Sivakasi and transfer the same to the file of the Hon'ble Family Court at Thiruvannamalai. For Petitioner : Mr.P.Asai Thambi For Respondent : No Appearance

ORDER

The petitioner/wife seeks transfer of HMOP.No.104 of 2024, pending on the file of the Subordinate Court at Sivakasi to the file of the Family Court at Thiruvannamalai, where the petitioner is residing. Page No.1 of 4

2. Despite attempts to serve notice on the respondent at the registered address mentioned in the HMOP proceedings, service was unsuccessful. Hence, I permitted the learned counsel for the petitioner to to effect substituted service on the respondent by way of paper publication in any one issue of Tamil daily having wide circulation in Virudunagar District.

3. In pursuance of the same, publication has been effected in Makkal Kural edition dated 12.07.2025 and a proof of publication has been filed before the Registry.

4. Even today, there is no representation on behalf of the respondent. Hence, the respondent is called and set exparte and I have proceeded to hear the learned counsel for the petitioner/wife.

5. It is the specific case of the petitioner/wife that, the petitioner is residing at Sengam, Thiruvannamalai and she is a Doctor and she works at Government Primary Health Centre at Somasipadi Village, Thiruvannamalai. Further, the petitioner is also blessed with a girl child Page No.2 of 4

aged less than two years. Citing personal inconvenience to attend proceedings at Sub Court, Sivakasi, which is more than 900 Kms away from her residence, the petitioner has come up with this transfer petition.

6. I have gone through the affidavit filed in support of this transfer petition and I am satisfied that the petitioner has made out case for transfer as prayed for. In view of the above, this Transfer Civil Miscellaneous Petition is allowed and the case in HMOP.No.104 of 2024 is hereby withdrawn from the file of the Subordinate Court, Sivakasi and transferred to the file of the Family Court, Thiruvannamalai. There shall be no order as to costs. Consequently, the connected Civil Miscellaneous Petition is closed.

24.07.2025 skt Index : Yes / No Speaking order : Yes / No NCC : Yes / No Page No.3 of 4

P.B.BALAJI , J.

skt To

1. The Subordinate Court, Sivakasi.

2. The Family Court, Thiruvannamalai.

and CMP.No.16352 of 2024 24.07.2025 Page No.4 of 4