D.Nandakumar v. N.Shanthi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29-10-2025

CORAM

THE HONOURABLE MR.JUSTICE S. SOUNTHAR Tr.Cmp Nos.1157 and 1158 of 2025 and CMP Nos.26070 and 26085 of 2025

1. D.Nandakumar S/o Dhanapalan No.8, Sri Ram Avenue Pandian Rice Mill Road, Thirunindravur, Chennai 602 024 Petitioner(s) in both Tr.CMPs.

Vs N.Shanthi D/o Nandagopal, W/o D.Nandakumar, No.8, Sri Ram Avenue,Pandian Rice Mill Road, Thirunindravur, Chennai 602 024 Respondent(s) in Tr.CMP No.1157 of 2025 N.Shanthi D/o Nandagopal, W/o D.Nandakumar, No.1111, Kanniappan Nagar, Thirunindravur, Thiruvallur District.

pin- 602 024.

Respondent(s) in Tr.CMP No.1158 of 2025 PRAYER in Tr.CMP No.1157 of 2025: Transfer Civil Miscellaneous Petition filed under Section 151 of CPC to withdraw the case in HMOP.No.637/2024 on the file of the Subordinate Judge, Poonamallee and transfer to the Family Court, Chennai.

PRAYER in Tr.CMP No.1158 of 2025: Transfer Civil Miscellaneous Petition filed under Section 151 of CPC to withdraw the case in HMOP.No.1002 of 2022 on the file of the Subordinate Judge, Poonamallee and transfer to the Family Court, Chennai.

In both Tr.CMPs.

For Petitioner(s):

Mr. Mr.C.Munusamy COMMON ORDER These Transfer Civil Miscellaneous Petitions are filed seeking transfer of matrimonial proceedings in HMOP No.637 of 2024 and 1002 of 2022, pending on the file of the Sub Court, Poonamallee to the file of Family Court, Chennai.

2. The petitioner is the husband of the respondent and he filed a petition for divorce in HMOP No.1002 of 2022 on the file of the Sub Court, Poonamallee. The respondent, on her part, filed a petition for conjugal rights in HMOP No.637 of 2024 on the very same court.

3. The petitioner seeks transfer of the petitions on the ground that there was no physical safety for him in Poonamallee. It is the case of the petitioner that during the course of hearing on 28.11.2023, the respondent abused the petitioner in filthy language and attacked him, within the court campus. However, the petitioner has not produced any document to show that pursuant

to the said incident, he made a police complaint. Such incident alleged to have been happened during November 2023, however, this transfer petition is filed only after two years, in the year 2025. In the mean time, the petitioner herein appeared before the said court, without any objection. Further, the Sub court, Poonamallee is very near to the residence of the petitioner, which is located at Thirunindravur, Chennai -24. Therefore, this court is not inclined to allow these petitions.

4. Accordingly, both Tr.CMP Nos.1157 and 1158 of 2025 are dismissed. Consequently, connected miscellaneous petitions are closed. There shall be no order as to costs.

29-10-2025 Internet: yes Index: Yes/No MST To The Sub Court, Poonamallee.

S.SOUNTHAR J.

MST Tr.CMP Nos.1157, 1158 of 2025 29-10-2025