Mahalakshmi I v. Venkatesan

THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 14.08.2025

CORAM:

THE HON'BLE MR. JUSTICE P.B. BALAJI and C.M.P. No.16338 of 2025 Mahalakshmi I ...

Petitioner vs.

Venkatesan ...

Respondent Prayer : This petition has been filed under Section 24 of C.P.C. to withdraw the H.M.O.P. No.2 of 2025 originally filed before the Hon'ble Family Court, Tiruvannamalai, now transferred and pending on the file of the Hon'ble Subordinate Court, Polur (Re-numbering is awaited) and transfer the same to the file of the Hon'ble Subordinate Court, Poonamallee, Chennai.

For Petitioner : Mr. G. Pradeep For Respondent : Mrs.B. Yogapriya - - - - - -

ORDER

The petitioner seeks for transfer of H.M.O.P. No.2 of 2025 originally filed before the Family Court, Tiruvannamalai and subsequently transferred to the Sub Court, Polur, where it is presently 1/5

pending.

2. The petitioner-wife is physically challenged and is 100% visually impaired and the respondent-husband is also visually impaired and suffering from 25% impairment.

3. The learned counsel appearing for the respondent states that the inconvenience caused to the respondent-husband may also be taken into account, while disposing of the Transfer CMP.

4. The petitioner resides at Kundrathur, Chennai and seeks transfer of H.M.O.P. to the Family Court at Chennai. The respondent resides at Tiruvannamalai and the Family Court proceedings were initially instituted before the Family Court, Tiruvannamalai, but subsequently, it was transferred to the Subordinate Court, Polur, on the ground that the Family Court at Tiruvannamalai, did not have jurisdiction. Keeping in mind that the petitioner is 100% visually impaired, and the Sub Court, Poonamallee would be most convenient for the petitioner wife, at the same time, considering the inconvenience that may be caused to the 2/5

respondent-husband, especially taking into account that he is also visually impaired (25%), I am inclined to dispose of the Transfer C.M.P. in the manner indicated hereunder :- i) H.M.O.P. No.2 of 2025 is withdrawn from the file of the Subordinate Court, Polur and transferred to the file of the Subordinate Court, Poonamallee.

ii) The Subordinate Court, Poonamalle, shall not insist on the presence of the respondent-husband, who shall be permitted to engage a counsel to represent him and shall be required to be present physically only when his presence is absolutely necessary for the purposes of his chief and cross examinations and on all other regular dates, he may be permitted to be represented by his counsel.

iii) The Sub Court, Poonamallee shall expedite the hearing in the H.M.O.P. proceedings considering the visual impairment of both the spouses and shall expedite the trial and dispose of the H.M.O.P. proceedings on merits and in accordance with law on or before 31.03.2026.

5. With the aforesaid directions, this Transfer C.M.P. is disposed 3/5

of. No costs. Consequently, connected miscellaneous petition is closed. 14.08.2025 Internet:Yes/No Index:Yes/No Speaking/Non-speaking order vsi2 To

1. The Family Court, Tiruvannamalai.

2. The Subordinate Court, Polur.

3. The Subordinate Court, Poonamallee, Chennai. 4/5

P.B. BALAJI, J.

vsi2 and C.M.P. No.16338 of 2025 14.08.2025 5/5