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Madras High CourtTR CMP/975/2025allowed

Padma Priya, v. Janarthanan,

2025-10-10Honourable Mr.Justice M.Jothiraman4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.10.2025 CORAM :

THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN and CMP.No.21877 of 2025 Padma Priya

...Petitioner

Vs.

Janarthanan

...Respondent

Transfer Civil Miscellaneous Petition filed under Section 24 of Code of Civil Procedure to withdraw the case in HMOP.No.92 of 2025, on the file of the Subordinate Court, Ranipet and transfer the same to the Principal Subordinate Judge, Kanchipuram.

For Petitioner : Mr.S.Silambu Selvan For Respondent : Mr.S.N.Arun Kumar

ORDER

The petitioner/wife seeks transfer of HMOP.No.92 of 2025 pending on the file of the Subordinate Court, Ranipet to the file of the Principal Subordinate Judge, Kanchipuram. Page No.1 of 4

2. Learned counsel for the petitioner submitted that, the respondent/husband filed a divorce petition in HMOP.No.92 of 2025 before the Subordinate Court, Ranipet. Aggrieved by the same, the petitioner/wife filed a restitution of conjugal rights petition before the Principal Subordinate Judge, Kanchipuram in HMOP.No.268 of 2025. Learned counsel further submitted that, it would suffice, if this Court issues appropriate direction for transfer of HMOP.No.92 of 2025 pending on the file of the Subordinate Court, Ranipet to the file of the Principal Subordinate Judge, Kanchipuram, to be tried along with HMOP.No.268 of 2025 by the same court, in order to avoid multiplicity of proceedings and conflicting orders.

3. Learned counsel for the respondent/husband fairly submitted that the respondent has no serious objection for transfer of HMOP.No.92 of 2025 as prayed for by the petitioner/wife. However, he submits that, it would suffice, if this Court issues appropriate direction to the Principal Subordinate Judge, Kanchipuram for expeditious disposal of the said HMOP proceedings on transfer and also a further direction to the Transferee Court to not insist on the physical appearance of the respondent/husband for all hearing dates.

Page No.2 of 4

4. I have heard the learned counsel on either side and I have also gone through the affidavit filed in support of this transfer petition.

5. In the light of the fair submission made by the learned counsel for the respondent, the case in HMOP.No.92 of 2025 is hereby withdrawn from the file of the Subordinate Court, Ranipet and transferred to the file of the Principal Subordinate Judge, Kanchipuram, to be tried along with HMOP.No.268 of 2025. The Transferee Court shall not insist on the physical presence of the respondent/husband for all hearings, except where it would be absolutely necessary.

6. With the above observations and directions, this Transfer Civil Miscellaneous Petition stands allowed. No costs. Consequently, the connected Civil Miscellaneous Petition is closed. 10.10.2025 skt Index : Yes / No Speaking order : Yes / No NCC : Yes / No Page No.3 of 4

M.JOTHIRAMAN , J.

skt To:

1.The Subordinate Court, Ranipet.

2.The Principal Subordinate Judge, Kanchipuram.

and CMP.No.21877 of 2025 10.10.2025 Page No.4 of 4