Parimala v. Senthil Raja
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.07.2025 CORAM :
THE HONOURABLE MR. JUSTICE P.B. BALAJI and CMP.No.29636 of 2024 Parimala
...Petitioner
Vs.
Senthil Raja
...Respondent
Transfer Civil Miscellaneous Petition filed under Section 24 of Code of Civil Procedure to withdraw the HMOP.No.208 of 2019 pending before the Hon'ble Subordinate Court at Kallakurichi, Kallakurichi District and transfer the same to the Family Court, Kullithalai, Karur District.
For Petitioner : Mr.T.Balachandran For Respondent : Mr.D.Murugan
ORDER
The petitioner/wife seeks transfer of HMOP.No.208 of 2019, pending on the file of the Subordinate Court at Kallakurichi to the file of Page No.1 of 8
the Family Court, Kullithalai, Karur District.
2. Learned counsel for the petitioner states that the matter may be transferred to the Sub Court, Kullithalai, Karur District instead of Family Court, Kullithalai, Karur District, which would be convenient for both the petitioner/wife and the respondent/husband.
3. Learned counsel for the respondent submits that, at the time of filing of the HMOP proceedings before the Sub Court at Kallakurichi, the petitioner/wife was only residing within the jurisdiction of Kallakurichi and after filing of HMOP proceedings, she has shifted her residence to Kullithalai, Karur District and has chosen to initiate proceedings for restitution of conjugal rights, which is pending before the Sub Court, Kullithalai in HMOP.No.82 of 2021.
4. I have heard the learned counsel for the parties and I have also gone through the affidavit filed in support of this transfer petition.
5. In the interest of both the parties, it is desirable that both the petition for divorce and the restitution of conjugal rights are jointly tried Page No.2 of 8
by one and the same court.
6. In the light of the above, I am satisfied that the petitioner has made out case for transfer as prayed for. Accordingly, this Transfer Civil Miscellaneous Petition is allowed and the case in HMOP.No.208 of 2019 is hereby withdrawn from the file of the Subordinate Court, Kallakurichi and transferred to the file of the Subordinate Court, Kullithalai, Karur District, to be tried jointly with HMOP.No.82 of 2021. The Sub Court, Kullithalai shall not insist on the physical appearance of the respondent/ husband for all hearing dates, except where it would be absolutely necessary. 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 Subordinate Court, Kallakurichi, Kallakurichi District.
2. The Subordinate Court, Page No.3 of 8
Kullithalai, Karur District.
P.B.BALAJI , J.
skt and CMP.No.29636 of 2024 Page No.4 of 8
24.07.2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.08.2025
CORAM
THE HONOURABLE MR JUSTICE P.B. BALAJI TR.CMP.No.1369 of 2024 and CMP.No.29636 of 2024 Parimala Petitioner(s) Vs Senthil Raja Respondent(s) For Petitioner(s): Mr.T.Balachandran For Respondent (s): Mr.D.Murugan
ORDER
This Transfer Civil Miscellaneous Petition was disposed of, by an order dated 24.07.2025, and it has been mentioned at the instance of the learned counsel for the petitioner.
2. The learned counsel for the petitioner states that a new Court is formed in Karur exclusively for handling Family Court matters, namely, the Family Court at Karur. In view of the same, the HMOP Page No.5 of 8
proceedings had been transferred to the file of the Family Court, Karur. In fact, O.P has been assigned new O.P.No.213 of 2024 (formerly HMOP.No.82 of 2021). In the light of the above, para 6, the order dated 24.07.2025 shall stand modified as follows:- In the light of the above, I am satisfied that the petitioner has made out a case for transfer as prayed for. Accordingly, this Transfer Civil Miscellaneous Petition is allowed and the case in HMOP.No.208 of 2019 is hereby withdrawn from the file of the Subordinate Court, Kallakurichi and transferred to the file of the Family Court, Karur District to be tried along with O.P.No.213 of 2024 (formerly HMOP.No.82 of 2021). The Family Court shall not insist on the physical appearance of the respondent/husband for all hearing dates, except where it would be absolutely necessary. There shall be no order as to costs. Consequently, the connected Civil Miscellaneous Petition is closed. 3.In all other aspects, the order dated 24.07.2025 remains unaltered.
4. Registry is directed to issue fresh copy of the order. 07.08.2025 dh To
1. The Sub Court, Kallakurichi.
Page No.6 of 8
2. The Subordinate Court, Kullithalai
3. The Family Court, Karur.
Page No.7 of 8
P.B.BALAJI.J., dh 07.08.2025 Page No.8 of 8