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Madras High CourtTR CMP/1051/2024allowed

Vishali v. Vignesh

2025-09-12Honourable Mr.Justice M.Jothiraman4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.09.2025

CORAM:

THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN Tr.CMP.No.1051 of 2024 and C.M.P.No.22870 of 2024 Mrs. Vishali ... Petitioner

Versus

Mr. Vignesh ... Respondent Prayer:- Transfer Civil Miscellaneous Petition filed under Section 24 of the CPC, to withdraw the HMOP No.43 of 2024, pending before the Family Court, Mannarkudi, and transfer the same to the Sub-Court Court at Pattukottai.

For Petitioner :

Mr.J. Chandram Sundhar Sashikumar 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.43 of 2024 from the file of the Family Court, Mannarkudi, to the Sub-Court Court at Pattukottai, in Thanjavur. 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. The respondent is called and set ex-parte. Hence, 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 petitioner has stated that she is residing with her parents at Pattukottai, along with her minor daughter aged about 21/2 years and she has no job or source of income and depending on her parents. The respondent has filed HMOP No.43 of 2024 before the Family Court, Mannarkudi seeking for divorce on false ground. Further, it is very difficult to her for attending the proceedings along with her 2/12 year old baby before the Family Court, Mannarkudi which is nearly around 33 Kilo meters from Pattukottai. Hence, seeks the relief as prayed for. I am satisfied that the petitioner has made out good ground for transferring the said transfer petition. 2/4

4. In the light of the above, this Transfer Civil Miscellaneous Petition is allowed. The case in H.M.O.P.No.43 of 2024 is withdrawn from the file of the Family Court, Mannarkudi and transferred to the file of the Sub-Court Court at Pattukottai, in Thanjavur. Considering the facts, there shall be no orders as to costs. Consequently, connected Civil Miscellaneous Petition is closed.

12.09.2025 Lbm Index : Yes/No Speaking order : Yes/No Neutral Case Citation : Yes/No To

1. The Family Court, Mannarkudi

2. The Sub-Court Court at Pattukottai, in Thanjavur. 3/4

M. JOTHIRAMAN, J.

lbm Tr.CMP.No.1051 of 2024 and C.M.P.No.22870 of 2024 12.09.2025 4/4