B.Hemalatha, v. G.M.Kishore,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.10.2025
CORAM:
THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN and C.M.P.No.21158 of 2025 B.Hemalatha ... Petitioner Vs G.M.Kishore ... Respondent Prayer:- Transfer Civil Miscellaneous Petition filed under Section 24 of the CPC, to withdraw HMOP No.154 of 2025 pending before the Family Court, Tiruvallur, and transfer the same and tried along with HMOP. No.1968 of 2025 to the file of the VI Additional Principal Family Court, Chennai. For Petitioner :
Ms.M.Vishali For Respondent :
Mr.P.Suresh Babu
O R D E R
This petition has been filed to withdraw HMOP No.154 of 2025 from the file of the Family Court, Tiruvallur and to transfer the same to the file of the VI Additional Principal Family Court, Chennai, to try the same along with H.M.O.P.No. 1968 of 2025.
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2.
Heard the learned counsel on both sides.
3.
The learned counsel appearing for the petitioner would submit that the petitioner / wife filed an application for divorce in HMOP.No.1968 of 2025 before the VI Additional Principal Family Court, Chennai, against which, the respondent / husband also filed an application for divorce in HMOP.No.154 of 2025 before the Family Court, Tiruvallur. The learned counsel further would submit that the petitioner having severe back pain and unable to travel from Chennai to Tiruvallur and it will take nearly 11⁄2 hours journey to appear before the court for every hearing. Therefore, the case in HMOP.No.154 of 2025 may be withdrawn from the file of the Family Court, Tiruvallur and transferred to the file of the VI Additional Principal Family Court, Chennai.
4.
Per contra, the learned counsel appearing for the respondent/husband would submit that the respondent/husband has filed an application for divorce in HMOP.No.154 of 2025 on the file of the Family Court, Tiruvallur, seeking for restitution of conjugal rights. He would further submit that the respondent / husband has no objection in allowing this petition.
5. I have gone through the affidavit filed in support this petition and I 2/4
find merit in the submissions made by the learned counsel for the petitioner/wife and in view of no objection having been stated by the learned counsel for the respondent, and also considering the submissions made by the learned counsel on either side, there can be no impediment for allowing this petition as prayed for.
6. Accordingly, this transfer civil miscellaneous petition is allowed. The case in HMOP.No.154 of 2025 is hereby withdrawn from the file of the Family Court, Tiruvallur and transferred to the file of the VI Additional Principal Family Court, Chennai to be tried along with HMOP.No.1968 of 2025 on the file of the VI Additional Principal Family Court, Chennai. Considering the facts there shall be no orders as to costs. Consequently, connected Civil Miscellaneous Petition is closed. 09.10.2025 mtl Index : Yes/No Speaking order : Yes/No Neutral Case Citation : Yes/No M. JOTHIRAMAN, J.
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mtl To
1. The Family Court, Tiruvallur.
2. The VI Additional Principal Family Court, Chennai. 09.10.2025 4/4