Sathyapriya v. Balasundaram

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27-01-2026

CORAM

THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE TR CMP No. 929 of 2025 and CMP No.21140 of 2025 Sathyapriya

...Petitioner(s)

Vs.

Balasundaram

...Respondent(s)

Prayer in Tr.CMP No.929 of 2025:

Transfer Civil Miscellaneous Petition is filed under Section 24 of Code of Civil Procedure, pleased to withdraw the H.M.O.P.No.36 of 2025 on the file of the Additional Sub Court, Cheyyar and transfer the same to the III Additional Family Court, Chennai to be tried along with H.M.O.P.No.5529 of 2024 and thus render justice.

Prayer in CMP No.21140 of 2025: Petition filed under Section 151 of Code of Civil Procedure, pleased to stay all further proceedings in H.M.O.P.No.36 of 2025 on the file of the Additional Sub Court, Cheyyar pending disposal of the above Transfer Civil Miscellaneous Petition.

For Petitioner(s) : Mr.J.Prakasam.

For Respondent(s) : Mr.S.Santhosh.

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ORDER

Heard.

2. This Transfer Civil Miscellaneous Petition is filed by wife seeking transfer of the H.M.O.P.No.36 of 2025 on the file of the Additional Sub Court, Cheyyar and transfer the same to the III Additional Family Court, Chennai to be tried along with H.M.O.P.No.5529 of 2024.

3. The marriage between the parties solemnized on 14.11.2022. The petitioner/wife is residing at Kodambakkam, Chennai and has instituted the H.M.O.P.No.5529 of 2024 for the dissolution of marriage before the III Additional Family Court, Chennai. The respondent /husband has instituted H.M.O.P.No.36 of 2025 for the restitution of conjugal rights in the Additional Sub Court, Cheyyar.

4. It is submitted that transfer is necessary in order to avoid multiplicity of proceedings and the possibility of inconsistent or conflicting orders.

5. Having regard to the residence of the petitioner at Chennai and considering that transfer would subserve the ends of justice, this Court is satisfied that the petition deserves to be allowed.

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6. Accordingly, Tr.C.M.P. No.929 of 2025 is allowed. The proceedings pending before the Additional Sub Court, Cheyyar are withdrawn and transferred to the III Additional Family Court, Chennai, to be tried along with H.M.O.P.No.5529 of 2024. The Additional Sub Court, Cheyyar, shall transmit the entire records to the III Additional Family Court, Chennai, within three(3) weeks from the date of receipt of a copy of this order and the III Additional Family Court, Chennai, shall dispose of the matters, in accordance with law, as expeditiously as possible, uninfluenced by any observations made in this order. The interim stay granted by this Court on 29.08.2025 shall stand vacated and CMP No.21140 of 2025 is closed. No costs.

27.01.2026 Index:Yes/No Internet:Yes dsn 3/4

DR. A.D.MARIA CLETE dsn To

1. The Additional Sub Court, Cheyyar.

2. The III Additional Family Court, Chennai. TR CMP No.929 of 2025 and CMP No.21140 of 2025 27.01.2026 4/4