Bakiyalakshmi v. R.Ayyachamy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30-06-2025

CORAM

THE HONOURABLE MR.JUSTICE P.B. BALAJI AND CMP NO. 20570 OF 2024 Bakiyalakshmi D/o.late Maduraimuthu, W/o.Ayyasamy, 56/26, Pilkington Road, VTC, Ayanavaram, Chennai-600023 Petitioner(s) Vs R.Ayyachamy S/o.Rajagopal, 81/W1, North Street, Kandasamypuram, Uthamapalayam, Rasingapuram, Theni, Nagalapuram 625 528.

Respondent(s) Prayer:

Transfer Civil Miscellaneous Petition filed under Section 24 of Code of Civil Procedure, to withdraw HMOP No.540/2023 pending on the file of the Family Court at Theni and to transfer the same to the Family Court at Chennai.

For Petitioner(s):

M/s.P.Ramya Kumari For Respondent(s):

No appearance

ORDER

The petitioner/wife arrayed as respondent in H.M.O.P.No.540 of 2023 before the Family Court, Theni has come forward with the present transfer application, seeking transfer of the said proceedings filed by the husband to the Family Court, Chennai, where the petitioner ordinarily resides.

2. Despite a counsel having entered appearance for the respondent, there has been no appearance on behalf of the respondent. Even on the earlier occasion i.e., on 26.06.2025 and even today, despite the transfer civil miscellaneous petition is listed under the caption "For orders". I have proceed to hear the learned counsel for the petitioner.

3. The learned counsel for the petitioner would invite my attention to the fact that the petitioner is a physically disabled person and she resides in Chennai and it is not possible for her to attend the hearing at the Family Court, Theni.

4. I also gone through the affidavit filed in support of the transfer application. I am satisfied that the petitioner has made a good ground, seeking transfer as prayed for.

5. In view of the above, the transfer civil miscellaneous petition is allowed and H.M.O.P.No.540 of 2023 is hereby withdrawn from the file of Family Court, Theni and transferred to the Principal Family Court, Chennai to be taken up either by the Principal Family Court, Chennai or any other Family Court, Chennai, subject to the pendency of the cases in Family Courts, Chennai. No costs. Consequently, connected Civil Miscellaneous Petition is closed. 30-06-2025 jd Index:Yes/No Speaking/Non-speaking order Internet:Yes To

1. The Principal Family Court, Chennai.

2. The Family Court, Theni.

P.B.BALAJI J.

jd 30-06-2025