E.Kiruthika v. C.Yuvarajsekar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.08.2025 CORAM :

THE HONOURABLE MR. JUSTICE P.B.BALAJI and CMP.No.28834 of 2024 Dr.E.Kiruthika

...Petitioner

Vs.

C.Yuvarajsekar

...Respondent

Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of Code of Civil Procedure, to withdraw and transfer the petition for divorce in H.M.O.P.No.145 of 2022, pending on the file of the Subordinate Court, Tiruchengode, Namakkal District and transfer the same to the Subordinate Court, Gobichettipalayam, Erode District. For Petitioner : Mr.S.Senthil For Respondent : No appearance Page No.1 of 4

ORDER

The present Transfer Petition has been filed by the petitioner/wife seeking transfer of H.M.O.P.No.145 of 2022, pending on the file of the Subordinate Court, Tiruchengode, Namakkal District, to the Subordinate Court, Gobichettipalayam, Erode District.

2. I have heard the learned counsel for the petitioner.

3. When the Transfer Civil Miscellaneous Petition was called for final hearing on 19.08.2025, there was no representation on behalf of the respondent. Hence, the matter was directed to be listed under the caption "For Orders" on 21.08.2025. Even today, i.e., 21.08.2025, there is no representation on the side of the respondent.

4. However, I find that a counter affidavit has been filed on behalf of the respondent. A perusal of the same shows that the respondent has focused more on the merits of the matrimonial dispute rather than raising any serious objection to the transfer sought by the petitioner/wife.

Page No.2 of 4

5. According to the learned counsel for the petitioner, the petitioner/wife resides at Gobichettipalayam. She has stated that she is employed as a Doctor in the T.N.Palayam Primary Health Centre and that it would cause great hardship and inconvenience for her to travel nearly 125 km to and fro to attend the proceedings at Tiruchengode.

6. I am satisfied that the petitioner has made out a good ground for seeking transfer. Accordingly, this Transfer Civil Miscellaneous Petition is allowed. H.M.O.P.No.145 of 2022 is withdrawn from the file of the Subordinate Court, Tiruchengode, Namakkal District, and transferred to the file of the Subordinate Court, Gobichettipalayam, Erode District. No costs. Consequently, the connected miscellaneous petition is closed.

21.08.2025 cda Index : Yes / No Speaking order : Yes / No Page No.3 of 4

P.B.BALAJI , J.

cda To 1.The Subordinate Court, Tiruchengode, Namakkal District.

2.The Subordinate Court, Gobichettipalayam, Erode District.

and CMP.No.28834 of 2024 21.08.2025 Page No.4 of 4