S. Parameswari v. T. Manikandan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.07.2025 CORAM :

THE HONOURABLE MR. JUSTICE P.B. BALAJI and CMP.No.28552 of 2024 S.Parameswari

...Petitioner

Vs.

T.Manikandan

...Respondent

Transfer Civil Miscellaneous Petition filed under Section 24(1)(b) of Code of Civil Procedure to withdraw the case in HMOP.No.4111 of 2024 on the file of the II Additional Family Court at Chennai and the same may be transferred to the file of the Sub Court, Gingee, Villupuram District.

For Petitioner : Mr.V.R.Appaswamee For Respondent : Mr.S.Ananda Kumar

ORDER

I have heard the learned counsel on either side and I have gone through the affidavit filed in support of this transfer petition. Page No.1 of 5

2. It is seen that the respondent/husband initiated HMOP proceedings in HMOP.No.4111 of 2024 before the II Additional Family Court at Chennai, in view of the fact that the marriage between the petitioner and the respondent was celebrated within the jurisdiction of this Court. However, it is seen from the cause title of the HMOP proceedings that, both the petitioner and the respondent reside within the jurisdiction of Gingee, Villupuram District.

3. Therefore, the petitioner/wife now seeks transfer of the said HMOP proceedings to the file of the Sub Court, Gingee, Villupuram District, in view of the fact that as both the parties reside within the jurisdiction of Gingee Court, no prejudice would be caused to the respondent/husband as well.

4. More over, transfer is only sought to the Sub court, Gingee, where physical appearance of the respondent/husband would not be required during all hearing dates.

Page No.2 of 5

5. In the light of the above, I am satisfied that the petitioner has made out case for transfer as prayed for. Accordingly, the case in HMOP.No.4111 of 2024 is hereby withdrawn from the file of the II Additional Family Court at Chennai and transferred to the file of the Sub Court, Gingee, Villupuram District.

6. At this juncture, the learned counsel for the respondent submits that, there is a possibility of settling the dispute between the parties and therefore, the matter may be referred to mediation.

7. In view of the fact that both the parties are residing at Gingee, Villupuram District, the request may be made post transfer of the HMOP proceedings to the file of the Sub Court, Gingee, Villupuram, for referring the matter to mediation for amicable settlement. Page No.3 of 5

8. With the aforesaid observations and directions, this Transfer Civil Miscellaneous Petition stands allowed. There shall be no order as to costs. Consequently, the connected Civil Miscellaneous Petition is closed.

24.07.2025 skt Index : Yes / No Speaking order : Yes / No NCC : Yes / No To

1. The II Additional Family Court, Chennai.

2. The Sub Court, Gingee, Villupuram District.

Page No.4 of 5

P.B.BALAJI , J.

skt and CMP.No.28552 of 2024 24.07.2025 Page No.5 of 5