Pavithra v. N.Thiyagarajan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.06.2025

CORAM

THE HONOURABLE MR JUSTICE P.B. BALAJI Tr.C.M.P.No.24 of 2025 & CMP.No.612 of 2025 Pavithra ... Petitioner vs.

N.Thiyagarajan ... Respondent PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24 of Code of Civil Procedure to withdraw the HMOP No.387 of 2024 from the file of Family Court, Kanyakumari at Nagercoil and transfer the same to the file of Family Court at Chennai.

For Petitioner : Ms.V.Nalini For Respondent : No appearance

ORDER

The petitioner/wife seeks transfer of HMOP No.387 of 2024 from the file of Family Court, Kanyakumari at Nagercoil to the file of the Family Court, Chennai.

2.Heard the learned counsel for the petitioner Ms.V.Nalini. Despite 1/4

service of notice on the respondent, the respondent has not chosen to enter appearance either in person or through counsel. The respondent is called and set ex-parte.

3. The petitioner has expressed her genuine inconvenience for travelling all the way to Nagercoil and has come forward seeking transfer of the said proceedings on the file of the Family Court, Chennai and has made out justifiable grounds seeking transfer of HMOP No.387 of 2024 from the file of Family Court, Kanyakumari at Nagercoil to the file of the Family Court, Chennai.

4. I have also gone through the averments set out in the affidavit filed in support of the petition and I am satisfied with the reasons assigned in the affidavit and the petitioner has made out a prima facie case for seeking transfer as prayed for.

5. In the light of the above, this Transfer Civil Miscellaneous Petition is allowed. The case in HMOP.No.387 of 2024 is hereby withdrawn from the file of the Family Court, Kanyakumari at Nagercoil to the file of the 2/4

Family Court, Chennai and the trial shall be taken out either by the Principal Judge, Family Court, Chennai or other Family Court Judges, Chennai subject to the pendency of the Family Court cases. There shall be no order as to costs. Connected Civil Miscellaneous Petition is closed. 05.06.2025 Speaking/Non-speaking : Yes/No Index : Yes / No rkp To 1.The Judge, Family Court, Kanyakumari at Nagercoil. 2.The Principal Judge, Family Court, Chennai. P.B.BALAJI.J., rkp 3/4

Tr.C.M.P.No.24 of 2025 & CMP.No.612 of 2025 05.06.2025 4/4