Krithikha Pon Namasivayam v. R.Babu Shankar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-09-2025

CORAM

THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN and C.M.P.No.16157 of 2025 Krithikha Pon Namasivayam Wife of R.Babu Shankar T6, Lotus Colony Nandanam, Chennai-600 035.

Petitioner(s) Vs R.Babu Shankar No.3, 3rd Street, Ellaiamman Nagar, Muthapudupet, IAF, Avadi, Chennai 600 055.

Respondent(s) Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C. to withdraw and transfer the case in O.P.No.78 of 2025 pending before the Sub Court, Ambattur and to transfer the same to the IV Additional Family

Court, Chennai and to be heard and decided along with M.C.No.11 of 2025 on the file of IV Additional Family Court Judge, Chennai. For Petitioner(s):

Mr.B.V.Diveyadharsini For Respondent(s): Mrs.K.Sumathi

ORDER

This petition has been filed to to withdraw and transfer the case in O.P.No.78 of 2025 pending before the Sub Court, Ambattur and to transfer the same to the IV Additional Family Court, Chennai and to be heard and decided along with M.C.No.11 of 2025 on the file of IV Additional Family Court Judge, Chennai.

2.

Heard the learned counsel on both sides.

3.

The learned counsel appearing for the petitioner would submit that the respondent / husband filed O.P.No.78 of 2025 on the file of the Sub Court, Ambattur for divorce. The petitioner herein filed GWOP No.5509 of 2024 on the file of the IV Additional Family Court, Chennai, praying to declare and appoint the petitioner as the sole and legal guardian of the

Minor B.Aarudhra and also grant an order of permanent custody of Minor B.Aarudhra with the petitioner. The petitioner herein also filed M.C.No.11 of 2025 on the file of IV Additional Family Court Judge at Chennai, seeking a direction to pay a sum of Rs.1,00,00/- per month as maintenance towards food, clothes, toys, medication, travel expenses, rent, 2 care-takers on shift, housemaid, cook, security and other miscellaneous expenses of the petitioner from the date of filing of the petition. Learned counsel for the petitioner would submit that the petitioner is the sole caregiver of his minor daughter and that it is very difficult for her to travel and attend the Court at Ambattur along with the child.

4.

The learned counsel appearing for the respondent/husband has no objection in allowing this petition.

5.

I have gone through the affidavit filed in support this petition and I find merit in the submissions made by the learned counsel for the first petitioner/wife.

6.

In view of the above and also considering the consent given by the other side, there can be no impediment for allowing this petition as prayed for.

Accordingly, this transfer civil miscellaneous petition is allowed. The case in O.P.No.78 of 2025 is hereby withdrawn from the file of the Sub Court, Ambattur and transferred the same to the file of the IV Additional Family Court, Chennai, to be tried along with M.C.No.11 of 2025. No costs. Connected C.M.P. is closed.

16-09-2025 kal Index:Yes/No Speaking/Non-speaking order Internet:Yes;

To 1.The Sub Court, Ambattur.

2.The IV Additional Family Court, Chennai.

M.JOTHIRAMAN J.

kal and C.M.P.No.16157 of 2025 16.09.2025