D.Varadan v. J.Renitha

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-09-2025

CORAM

THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN TR CMP No.1129 of 2024 and CMP No.24771 of 2024 D.Varadan S/o.V.Durai, No.12, 50 Feet Road, MRK Nagar, Kolapakkam, Chennai 600122.

Petitioner(s) Vs J.Renitha W/o.D.Varadan, Tharika Ladies Hostel, No. 585, Duraisamy Naiker, 1st Street, KK Salai, Sholinganallur, Chennai 600119.

Respondent(s) Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C. to withdraw H.M.O.P.No.84 of 2024 from the file of the Subordinate Court, Neyveli and transfer the same to the file of the Subordinate Court, Alandur, to be tried along with H.M.O.P.No.429 of 2024. For Petitioner(s):

Mrs.K.Santhakumari

For Respondent(s): J.Renitha - remained absent

ORDER

This petition has been filed to withdraw H.M.O.P.No.84 of 2024 from the file of the Subordinate Court, Neyveli and transfer the same to the file of the Subordinate Court, Alandur, to be tried along with H.M.O.P.No.429 of 2024.

2.

Heard Mrs.K.Santhakumari, learned counsel for the petitioner. 3.

The learned counsel appearing for the petitioner would submit that the respondent has not chosen to enter appearance before this Court despite service of notice.

4.

It is seen that service of notice has been completed on the respondent and the name of the respondent is also printed in the cause list today. The respondent was called absent and set ex parte. 5.

The learned counsel appearing for the petitioner would submit that the petitioner/husband filed a petition for divorce before the

Subordinate Court, Alandur and the same is pending in H.M.O.P.No.429 of 2024. As a counter blast, the respondent/wife filed a petition for restitution of conjugal rights before the Subordinate Court, Neyveli and the same is pending in H.M.O.P.No.84 of 2024. The respondent/wife is working in a private company and staying in a ladies hostel at Sholinganallur and that apart, the private notice ordered by the Court below has been sent to her hostel address at Sholinganallur, which was received by her under postal acknowledgment on 31.08.2024. Therefore, the case in H.M.O.P.No.84 of 2024 may be withdrawn from the file of the Subordinate Court, Neyveli and transferred to the file of the Subordinate Court, Alandur. 6.

I have gone through the affidavit filed in support this petition and I find merit in the submissions made by the learned counsel for the petitioner/husband.

7.

In view of the above and also considering the submissions made by the learned counsel for the petitioner/husband, there can be no impediment for allowing this petition as prayed for.

Accordingly, this transfer civil miscellaneous petition is allowed. The case in H.M.O.P.No.84 of 2024 is hereby withdrawn from the file of the Subordinate Court, Neyveli and transferred to the file of the Subordinate Court, Alandur, to be tried along with H.M.O.P.No.429 of 2024. No costs. Connected C.M.P. is closed.

10-09-2025 nsd Index:Yes/No Speaking/Non-speaking order Internet:Yes;

To 1.The Subordinate Judge, Neyveli 2.The Subordinate Judge, Alandur

M.JOTHIRAMAN J.

nsd 10.09.2025