G. Deepika v. U. Gopalakrishnan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.10.2025 CORAM :

THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN and CMP.No.28624 of 2024 G.Deepika

...Petitioner

Vs.

U.Gopalakrishnan

...Respondent

Transfer Civil Miscellaneous Petition filed under Section 24 of Code of Civil Procedure to order the withdraw of HMOP.No.315 of 2023 pending on the file of the Sub Judge, Tiruvotriyur and transfer the same the same to the Hon'ble I Additional Principal Judge, Family Court, Chennai to be tried along with HMOP.No.4635 of 2024. For Petitioner : Mr.Prakash Goklaney For Respondent : Mr.A.Aravind

ORDER

Though the petitioner/wife has come up with this transfer petition seeking transfer of HMOP.No.315 of 2023 from the file of the learned Page No.1 of 6

Sub Judge, Tiruvotriyur to the file of the I Additional Principal Judge, Family Court, Chennai, however, when the matter was taken up for hearing, the learned counsel for the petitioner submitted that pending this transfer petition, the case in HMOP.No.315 of 2023 pending on the file of the learned Sub Judge, Tiruvotriyur was subsequently transferred to the file of the Principal Sub Court, Ponneri and renumbered as HMOP.No.203 of 2025 and he also filed a memo dated 10.10.2025 to that effect before this Court. The said memo dated 10.10.2025 filed by the petitioner is taken on file.

2. Learned counsel for the petitioner submitted that, the marriage between the petitioner and the respondent was solemnised on 22.04.2019, as per the Hindu rites and customs. While so, the respondent/husband failed to maintain the petitioner and all of a sudden, the respondent/husband filed a divorce petition initially before the Subordinate Court, Ponneri in HMOP.No.371 of 2019 and the same was transferred to the file of the learned Sub Judge, Tiruvotriyur and renumbered as HMOP.No.315 of 2023, which was subsequently, transferred to the file of the Principal Sub Court, Ponneri and renumbered as HMOP.No.203 of 2025. Aggrieved by the same, the petitioner/wife Page No.2 of 6

had also filed a divorce petition before the I Additional Principal Judge, Family Court, Chennai in HMOP.No.4635 of 2024, on the ground of desertion, adultery, bigamy and cruelty and for other reliefs. Learned counsel further submitted that, it would suffice, if this Court issues appropriate direction for transfer of HMOP.No.203 of 2025 pending on the file of the Principal Sub Court, Ponneri to the file of the I Additional Principal Judge, Family Court, Chennai, to be tried along with HMOP.No.4635 of 2024, 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.203 of 2025 as prayed for by the petitioner/wife. However, he submits that, it would suffice, if this Court issues appropriate direction to the I Additional Principal Judge, Family Court, Chennai for expeditious disposal of the said HMOP proceedings on transfer and also a further direction may be issued to the Transferee Court to not insist on the physical appearance of the respondent/husband for all hearing dates. Page No.3 of 6

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 above submissions made by the learned counsel on either side, the case in HMOP.No.203 of 2025 is hereby withdrawn from the file of the Principal Sub Court, Ponneri and transferred to the file of the I Additional Principal Judge, Family Court, Chennai, to be tried along with HMOP.No.4635 of 2024. The Transferee Court shall not insist on the physical presence of the respondent/husband for all hearings, except where it would be absolutely necessary and the I Additional Principal Judge, Family Court, Chennai shall hear the parties and dispose of the above HMOPs as expeditiously as possible.

6. Accordingly, this Transfer Civil Miscellaneous Petition is allowed. No costs. Consequently, the connected miscellaneous petition is closed.

10.10.2025 skt Index : Yes / No Speaking order : Yes / No NCC : Yes / No Page No.4 of 6

To:

1.The I Additional Principal Judge, Family Court, Chennai.

2.The Principal Sub Court, Ponneri.

Page No.5 of 6

M.JOTHIRAMAN , J.

skt and CMP.No.28624 of 2024 10.10.2025 Page No.6 of 6