Sakthivel v. Sivagami

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.09.2025

CORAM:

THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN Sakthivel ... Petitioner

Versus

Sivagami ... Respondent Transfer Civil Miscellaneous Petition filed under Section 24 of CPC, 1908, to withdraw H.M.O.P.No.819 of 2024, pending on the file of the Subordinate Court, Alandur and transfer the same to the VII Additional Principal Family Court, Chennai and to be tried along with H.M.O.P.No.174 of 2025.

For Petitioner :

Ms.S.Naveenha Devi For Respondent :

Mr.S.Sathish Rajan

O R D E R

The petitioner / husband has come up with the above transfer petition seeking transfer of H.M.O.P.No.819 of 2024 pending on the file of Subordinate Court, Alandur to the file of the VII Additional Principal Family Court, Chennai, to be tried along with H.M.O.P.No.174 of 2025. 1/5

2.

Heard learned counsel on both sides.

3.

The learned counsel appearing for the petitioner would submit that the petitioner/husband has filed H.M.O.P.No.819 of 2024 seeking divorce before the Subordinate Court, Alandur, and the same is pending, whereas, the respondent has filed H.M.O.P.No.174 of 2025 seeking restitution of conjugal rights before the learned VII Additional Principal Judge, Family Court, Chennai.. The petitioner is working in a private Company and he cannot claim for often off to attend the hearings of both the cases pending in Alandur and Family Court, Chennai. Hence, the present petition is filed seeking transfer.

4. The learned counsel appearing for the respondent/wife would submit that the respondent/wife has no objection in allowing this petition, 5.

I have gone through the affidavit filed in support this petition and I find merit in the submissions made by the learned counsel for the petitioner/husband.

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6.

In view of the above and also considering the consent given by the other side, there can be no impediment for allowing this petition as prayed for. Further, transferring H.M.O.P.No.819 of 2024 from the file of the Subordinate Court, Alandur to the file of VII Additional Principal Family Court, Chennai, will not have any impact on the respondent/wife since the petitioner/husband is seeking transfer of H.M.O.P.No.819 of 2024 to VII Additional Principal Family Court, Chennai, where H.M.O.P.No.174 of 2025 filed by the respondent/wife is pending.

7. Accordingly, this Transfer Civil Miscellaneous petition is allowed. The case in H.M.O.P.No.819 of 2024 is hereby withdrawn from the file of the Subordinate Court, Alandur and transferred to the file of VII Additional Principal Family Court, Chennai to be tried with H.M.O.P.No.174 of 2025. There shall be no order as to costs.

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To

1. The Subordinate Court, Alandur.

2. The VII Additional Principal Family Court, Chennai. 4/5

M. JOTHIRAMAN, J.

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