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Madras High CourtTR CMP/2/2025allowed

Vishnupriya v. R.Sakthivel

2025-06-18Honourable Mr.Justice P.B. Balaji4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated :18.06.2025

CORAM:

THE HON'BLE MR. JUSTICE P.B. BALAJI Tr.C.M.P.No.2 of 2025 and C.M.P.No.157 of 2025 Vishnupriya .... Petitioner vs R.Sakthivel ... Respondents Tr.Civil Revision Petition filed under Section 24 of Civil Procedure Code seeking to withdraw HMOP No.105 of 2024 from the file of Subordinate Court, Tindivanam, Villupuram District and transfer the same to the file of Subordinate Court, Viruthachalam. For Petitioner : Mr.P.Nagaraju For Respondent : Mr.M.Machavatharan

ORDER

The present transfer petition has been filed by the petitioner/wife seeking transfer of HMOP No.105 of 2024 from the file of Subordinate Court, Tindivanam to Subordinate Court, Viruthachalam, Cuddalore District.

2. Heard the learned counsel for the parties. 1/4

3. I have gone through the affidavit filed in support of the petition seeking request for transfer. The petitioner/wife expresses genuine inconvenience to attend the hearings at Sub Court, Tindivanam. Since the petitioner seeks transfer only to Sub Court, Viruthachalam, no serious prejudice would be caused to the respondent/husband since the physical presence of the respondent/husband may not be necessary on all hearings before the Sub Court unlike Family Court, where the parties will have to be physically present on all hearing dates.

4. Finding that the petitioner/wife, has assigned genuine and acceptable reasons for transfer, this Court is of the opinion that the petitioner has made out a case for transfer of the the case, as prayed for.

5. Accordingly, Tr.C.M.P.No.2 of 2025 is allowed and HMOP No.105 of 2024 pending on the file of Subordinate Court, Tindivanam, Villupuram District is withdrawn and transferred to Subordinate Court, Viruthachalam, Cuddalore District.

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P.B.BALAJI.,J., sr

6. The Subordinate Court, Tindivanam, Villupuram District is directed to send the entire records relating to HMOP No.105 of 2024 to Subordinate Court, Viruthachalam, Cuddalure District forthwith.

7. The respondent/husband's physical presence shall not be insisted upon by the Subordinate Court, Viruthachalam, Cuddalore District except for the hearings that is absolutely necessary.

No costs. Consequently, connected miscellaneous petition is closed. 18.06.2025 Index: Yes/No Website:yes/no Speaking Order/Non-Speaking Order sr To

1. The Subordinate Court, Tindivanam, Villupuram District

2. The Subordinate Court, Viruthachalam, Cuddalore District 3/4

P.B.BALAJI.,J.

sr Tr.C.M.P.No.2 of 2025 18.06.2025 05.06.2025 4/4