G.Shreesha v. M.Nivesh

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11-06-2026

CORAM

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI TR.C.M.P.Nos.865 & 866 of 2025 and C.M.P.Nos.19542 & 19546 of 2025 G.Shreesha D/o. Gopalan, Residing at No. 14 A Narayanasamy Garden, Chinnakodungaiyur, Chennai - 600 118.

..Petitioner in both petitions Vs M.Nivesh S/o. Murugan, No. 1/116, Ellithorai Village, Yedappalli Post, The Nilgiris.

..Respondent in both petitions Prayer: Transfer Civil Miscellaneous Petitions filed under Section 24 of C.P.C., praying to withdraw the G.W.O.P.No.71 of 2025 from the file of the Court of the Family Judge of the Nilgiris, Udhagamandalam and to transfer the same to the Hon'ble Family Court, Chennai, Chennai District and to withdraw the H.M.O.P.No.45 of 2024 from the file of the Subordinate Court in Coonoor and to transfer the same to the Hon'ble Family Court, Chennai, Chennai District. For Petitioner in both petitions:

Mr.R.Parthiban For Respondent in both petitions:

Mr.S.Rajmakesh

COMMON ORDER These transfer civil miscellaneous petitions have been filed to withdraw the case in G.W.O.P.No.71 of 2025 on the file of the Court of the Family Judge, The Nilgiris, Udhagamandalam and to transfer the same to the file of the Family Court, Chennai, Chennai District and to withdraw the H.M.O.P.No.45 of 2024 on the file of the Subordinate Court, Coonoor and to transfer the same to the file of the Family Court, Chennai, Chennai District. 2.Heard both sides and perused the materials available on record. 3.Learned counsel for the petitioner in both the petition submits that the respondent filed a petition in H.M.O.P.No.45 of 2024 before the Subordinate Judge, Coonoor seeking restitution of conjugal rights and filed a petition in G.W.O.P.No.71 of 2025 before the Family Judge, the Nilgiris, Udhagamandalam.

The petitioner and her minor child are residing with her aged parents in Chennai and it is very difficult for her to attend each and every hearing before the Courts at Udhagamandalam and Coonoor. The distance between the petitioner's residence and the Courts at Udhagamandalam and Coonoor are more than 500 kms. He further submits that the petitioner's does not have any male member in her family who can travel with the petitioner except her aged father, who is a heart patient.

financial burden to him. Therefore, he prays to transfer both cases to the Family Court, Chennai.

4.Learned counsel for the respondent in both the petition raised objection and submits that the respondent is residing at the Nilgiris and working as a Bank Manager in Tamilnadu Grama Bank at Kagguchi Village, the Nilgiris. If the cases are transferred to the Family Court, Chennai, it will be very difficult for the respondent to attend the Court proceedings. 5.I have gone through the affidavits filed in support of the transfer petitions as well. I find merit in the submissions made by the learned counsel on either side.

6.Considering the facts and circumstances of the case and the submissions made by the learned counsel on either side, this Court is inclined to transfer the case on the file of the Family Judge, The Nilgiris, Udhagamandalam to the file of the Family Court, Salem. Accordingly, the case in G.W.O.P.No.71 of 2025 is hereby withdrawn on the file of the Family Judge, The Nilgiris, Udhagamandalam and transferred to the file of the Family Court, Salem. This Court is also inclined to transfer the H.M.O.P.No.45 of 2024 on the file of the Subordinate Court, Coonoor to the file of the Family Court, Salem. After

receipt of the case papers from the Family Judge, The Nilgiris, Udhagamandalam and Subordinate Court, Coonoor, the Family Court, Salem is directed to send a notice to both the parties within two weeks. After due service of notice, the Family Court, Salem is directed to proceed with the matter in the manner known to law.

7.The respondent/father is directed to pay Rs.8,000/- as monthly maintenance for the child from July 2026 until further orders. 8.With the above directions, these transfer civil miscellaneous petitions are disposed of. No costs. Consequently, connected civil miscellaneous petitions are closed.

9.Considering the nature of avocation of the respondent and the facts and circumstance of the case, this Court is inclined to permit both the parties to appear through the Video Conferencing mode before the Family Court, Salem. However, it is made clear that both the parties shall appear before the Family Court, Salem as and when required.

11-06-2026 Index: Yes/No Speaking/Non-speaking order PAM

To 1.The Family Judge, the Nilgiris, Udhagamandalam. 2.The Subordinate Court, Coonoor.

3.The Family Court, Salem.

T.V.THAMILSELVI, J.

PAM TR.C.M.P.Nos.865 & 866 of 2025 and C.M.P.Nos.19542 & 19546 of 2025 11-06-2026