Preethi Gnanasekaran v. Joghi Prashanth Dayanithi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-09-2025

CORAM

THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN TR CMP No.1336 of 2024 and CMP No.28786 of 2024 Preethi Gnanasekaran D/o.Gnanasekaran, W/o. Joghi Prashanth Dayanithi, Kamala Villa, Plot No.11, Siva Sakthi Nagar, Thalatheru, Karaikal 609605 Puducherry Petitioner(s) Vs Joghi Prashanth Dayanithi S/o.Late Dayanithi, No.45, B/2, Chandra Colony, Moores Garden, Coonoor, Nilgiris 643 102 Respondent(s) Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C. to withdraw H.M.O.P.No.43 of 2024 from the file of the Subordinate Court, Coonoor and transfer the same to the file of the Family Court, Karaikal, having competent jurisdiction.

For Petitioner(s):

Mr.K.Govi Ganesan For Respondent(s): Ms.S.Akila

ORDER

This petition has been filed to withdraw H.M.O.P.No.43 of 2024 from the file of the Subordinate Court, Coonoor and transfer the same to the file of the Family Court, Karaikal.

2.

Heard the learned counsel on both sides.

3.

The learned counsel appearing for the petitioner would submit that the respondent/husband filed an application for divorce before the Subordinate Court, Coonoor and the same is pending in H.M.O.P.No.43 of 2024. The petitioner/wife has no source of income and she is living with her five-year-old child in her parents' at Karaikal. In such circumstances, she is unable to travel 412 kms from Karaikal to Coonoor for attending the case. Therefore, the case in H.M.O.P.No.43 of 2024 may be withdrawn from the file of the Subordinate Court, Coonoor and transferred to the file of the Family Court, Karaikal.

4.

The learned counsel appearing for the respondent/husband would submit that the respondent/husband has no 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.

6.

In view of the above and also considering the consent given by the other side, 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 The case in H.M.O.P.No.43 of 2024 is hereby withdrawn from the file of the Subordinate Court, Coonoor and transferred to the file of the Family Court, Karaikal. 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, Coonoor.

2.The Judge, Family Court, Karaikal.

M.JOTHIRAMAN J.

nsd 10.09.2025