R.Kanishka v. G. Karthick
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated :17.06.2025
CORAM:
THE HON'BLE MR. JUSTICE P.B. BALAJI Tr.C.M.P.No.1086 of 2024 and C.M.P.No.23859 of 2024 R.Kanishka .... Petitioner vs G.Karthick ... Respondent Tr.Civil Revision Petition filed under Section 24 of Civil Procedure Code seeking to withdraw H.M.O.P.No.214 of 2024 pending on the file of the Family Court, Thiruvallur and transfer the same to the file of Sub Court, Omalur.
For Petitioner : Mr.B.Gopalakrishnan For Respondent : Mr.R.Narayanan
ORDER
The petitioner seeks transfer of H.M.O.P.No.214 of 2024 pending on the file of the Family Court, Thiruvallur to Sub Court, Omalur.
2. Heard Mr.B.Gopalakrishnan, learned counsel for the petitioner and Mr.R.Narayanan, learned counsel for the respondent. 1/4
3. Learned counsel for the petitioner states that Sub Court, Omalur is more convenient to the petitioner than any Court at Salem and that is the reason why the petitioner seeks transfer of HMOP No.214 of 2024 to Sub Court, Omalur.
4. Learned counsel for the respondent states that the petitioner is residing only in Salem and therefore, HMOP No.214 of 2024 may be transferred to Family Court, Salem. Learned counsel further submits that Family Court is better equipped to deal with matrimonial matters.
5. I have considered the petition seeking transfer. The petitioner has clearly averred in the affidavit that the distance between Salem and Thiruvallur is 400 kms and it is difficult to travel from Salem to Thiruvallur. The petitioner has not stated any reason as to why HMOP No.214 of 2024 is sought to be transferred to Sub Court, Omalur.
6. I am inclined to accept the submissions made by the learned counsel for the respondent.
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7. Accordingly, HMOP No.214 of 2024, pending on the file of Family Court, Thiruvallur is withdrawn and transferred to Family Court, Salem. Since HMOP No.214 of 2024 is pending for more than one year, the Family Court, Salem is directed to expedite and dispose of the same on or before 31.01.2026.
8. The respondent/husband's physical presence shall not be insisted upon by the Family Court, Salem except for the hearings that is absolutely necessary.
9. With the above direction, Tr.CMP No.1086 of 2024 is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 17.06.2025 Index: Yes/No Website:yes/no Speaking Order/Non-Speaking Order sr 3/4
P.B.BALAJI.,J.
sr To
1. The Family Court, Thiruvallur
2. The Sub Court, Omalur
3. The Family Court, Salem Tr.C.M.P.No.1086 of 2024 and C.M.P.No.23859 of 2024 17.06.2025 4/4