C.Pechi Priya v. R.Thangaraj

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.09.2025

CORAM:

THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN & C.M.P.No.17265 of 2025 Mrs.C.Pechi Priya ... Petitioner

Versus

Mr.R.Thangaraj ... Respondent Transfer Civil Miscellaneous Petition filed under Section 24 of CPC, to order withdraw the proceedings in H.M.O.P.No.260 of 2024 pending on the file of Family Court, Thiruvallur and transfer the same to subordinate Court at Vanthavasi to be tried along with H.M.O.P.No.100 of 2024 pending on the file of Subordinate Court at Vanthavasi by allowing the present transfer CMP.

For Petitioner :

Mr.T.S.Kanmani For Respondent :

No appearance

O R D E R

The petitioner / wife has come up with the above transfer petition, seeking transfer of H.M.O.P.No.260 of 2024 from the file of Family Court, Thiruvallur to the file of Subordinate Court, Vanthavasi. 1/4

2. Despite service of notice in the above transfer petition, the respondent has neither chosen to appear in person nor through counsel. The name of the respondent is also printed in the cause list. Name of the respondent was called out, but there is no representation. Hence, he is set ex parte. I have proceeded to hear the learned counsel for the petitioner. I have also gone through the affidavit filed in support of the request for transfer.

3. The learned counsel appearing for the petitioner would submit that the respondent husband has filed a petition for divorce in H.M.O.P.No.260 of 2024 on the file of Family Court, Thiruvallur and the petitioner has filed a petition for restitution of conjugal rights in H.M.O.P.No.100 of 2024 on the file of Subordinate Court, Vathavasi and hence, to avoid multiplicity of proceedings and conflicting judgments, the case in H.M.O.P.No.260 of 2024 on the file of Family Court, Thiruvallur may be transferred to the file of Subordinate Court, Vanthavasi to be tried along with H.M.O.P.No.100 of 2024.

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4. The petitioner has stated that she is a house wife and is living with her parents in Vanthavasi and she has no source of income. Hence, it would be difficult for her to attend each and every hearing at Family Court at Thiruvallur.

5. I am satisfied that the petitioner has made out a good ground for transferring the case from Family Court, Thiruvallur to Subordinate Court, Vanthavasi to be tried along with H.M.O.P.No.100 of 2024 filed by the petitioner /wife for restitution of conjugal rights. 6.Accordingly, this Transfer Civil Miscellaneous Petition is allowed and the case in H.M.O.P.No.260 of 2024 is withdrawn from the file of the Family Court, Thiruvallur and transferred to the file of the Subordinate Court, Vanthavasi to be tried along with H.M.O.P.No.100 of 2024. Considering the facts of the case, there shall be no orders as to costs. Consequently, connected Civil Miscellaneous Petition is closed. 25.09.2025 gpa 3/4

M. JOTHIRAMAN, J.

gpa To

1. The Family Court, Thiruvallur

2. The Subordinate Court, Vanthavasi 25.09.2025 4/4