Anushya v. Padmananth

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-02-2026

CORAM

THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE TR CMP No. 1227 of 2023 AND CMP NO. 29353 OF 2023 Anushya ...Petitioner Vs Padmanantham, S/o.Radhakrishnan, 93/5, Vadaku Kuththagai, Aayakkaranpulam, Vedaranyam Tk, Nagapattinam Dist.

...Respondent

PRAYER: To withdraw the HMOP.NO. 76 of 2023 pending on the file of Sub Court, Nagapattinam and transfer the same to Family Court, Mannargudi. PRAYER in C.M.P. To stay all further proceedings in HMOP.No. 76 of 2023 pending on the file of Sub Court, Nagapattinam.

For Petitioner : Mr.Swamisubramanian For Respondent : No appearance

ORDER

Heard.

2. This Transfer Civil Miscellaneous Petition has been filed by the petitioner/wife under Section 24 of the Code of Civil Procedure seeking withdrawal of H.M.O.P. No.76 of 2023 pending on the file of the Subordinate Court, Nagapattinam and to transfer the same to the file of the Family Court, Mannargudi.

3. The petitioner is the wife and is residing at Mannargudi. It is submitted that the minor child, aged about three years, is in the custody of the petitioner/mother. The respondent/husband has filed the above H.M.O.P. seeking restitution of conjugal rights. It is further submitted that the matter is at the counter stage.

4. Considering the above circumstances, this Court is inclined to allow the transfer petition.

5. Accordingly, Tr.C.M.P. No.1227 of 2023 is allowed and H.M.O.P. No.76 of 2023 pending on the file of the Subordinate Court, Nagapattinam is withdrawn and transferred to the file of the Family Court, Mannargudi, to be taken up and

disposed of in accordance with law. The Subordinate Court, Nagapattinam is directed to transmit the entire records forthwith to the Family Court, Mannargudi. In view of the above, C.M.P. No.29353 of 2023 is closed. No costs. 16-02-2026 dpq/ay Index:Yes/No Speaking/Non-speaking order To 1.The Sub Court, Nagapattinam.

2.The Family Court, Mannargudi.

DR.JUSTICE A.D.MARIA CLETE, J dpq

TR CMP No. 1227 of 2023 AND C.M.P. NO.29533 OF 2025 16.02.2026