N. Swathi v. T. Akash

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.10.2025

CORAM:

THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN and C.M.P.No.27500 of 2024 N.Swathi ... Petitioner Vs T.Akash ... Respondent Prayer:- Transfer Civil Miscellaneous Petition filed under Section 24 of the CPC, to withdraw HMOP No.292 of 2024 pending before the Family Court, Thanjavur, and transfer the same to the file of the II Additional Family Court, Chennai.

For Petitioner :

Ms.N.Vinothini For Respondent :

Ms.S.Akila

O R D E R

This petition has been filed to withdraw HMOP No.292 of 2024 from the file of the Family Court, Thanjavur and to transfer the same to the file of the II Additional Family Court, Chennai.

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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 got married to the respondent on 10.11.2021 at Vinayaka Mahal Thirumana Mandapam, Medical College Road, Thanjavur, as per Hindu Rites and Customs. Out of the wedlock, they blessed with a male child aged 11⁄2 years old. The petitioner / wife has filed a petition in M.C.No.370 of 2024 on the file of the II Additional Family Court, Chennai, which is also pending. The respondent / husband filed H.M.O.P.No.292 of 2024 before the Family Court, Thanjavur, for dissolution of marriage. The learned counsel for the petitioner further would submit that the petitioner is residing in Chennai along with her aged parents and it is very difficult for the petitioner to travel from Chennai to Thajavur for attending each and every hearing of the case along with her infant. Therefore, the case in H.M.O.P. No.292 of 2024 may be withdrawn from the file of the Family Court, Thanjavur, and transferred to the file of II Additional Family Court, Chennai. 4.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.292 of 2024 seeking for restitution of conjugal rights. He would further submit that the respondent / husband has no 2/4

objection in allowing this petition.

5. 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/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.292 of 2024 is hereby withdrawn from the file of the Family Court, Thanjavur and transferred to the file of the II Additional 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, Thanjavur.

2. The II Additional Family Court, Chennai.

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