Vyshnavi v. R. Bala Anand

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.11.2025

CORAM:

THE HONOURABLE Mr. JUSTICE S.SOUNTHAR and C.M.P.No.17933 of 2025 Vyshnavi ... Petitioner Vs.

R.Bala Anand ... Respondent Prayer: Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, to withdraw the H.M.O.P.No.574 of 2024 on the file of Subordinate Court, Ambattur and to transfer the same to the VII Additional Family Court, Chennai to be heard along with O.P.No.968 of 2025 pending on the file of VII Additional Family Court, Chennai. For Petitioner : M/s.Aishwarya G.Prakash for M/s.A.S.Kailasam and Associates For Respondent : M/s.L.Srileka 1/4

ORDER

The Transfer Civil Miscellaneous Petition has been filed seeking transfer of petition for divorce filed by the respondent/husband in H.M.O.P.No.574 of 2024 from the file of Subordinate Court, Ambattur to the file of VII Additional Family Court, Chennai.

2. The petitioner/wife is residing at Virugambakkam, Chennai. It is the case of the petitioner/wife that she filed a petition in O.P.No.968 of 2023 on the file of VII Additional Family Court, Chennai for declaration that the marriage solemnised between the petitioner and respondent on 12.07.2024 was nullity. The respondent on his part filed a similar petition in H.M.O.P.No.574 of 2024 on the file of Subordinate Court, Ambattur.

3. Both original petitions filed by the respective parties are one and the same and the issues involved are also same. If these petitions are allowed to be heard by different courts, there is a likelihood of conflict of judicial opinion. In order to avoid such an eventuality and in the interest of justice, this Court feels both the matters shall be heard by same court. 2/4

4. The learned counsel appearing for the respondent has no serious objection for transferring the petition filed by the respondent/husband to VII Additional Family Court, Chennai.

5. In view of the same, the Transfer Petition stands allowed. The petition in H.M.O.P.No.574 of 2024 pending on the file of the Subordinate Court, Ambattur is withdrawn and transferred to VII Additional Family Court, Chennai for enquiry along with O.P.No.968 of 2025. No costs. Consequently, the connected civil miscellaneous petition is closed. 05.11.2025 Index : Yes / No Speaking order : Yes / No : Yes / No dm To 1.The Subordinate Court, Ambattur.

2.The VII Additional Family Court, Chennai.

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S.SOUNTHAR , J.

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