D. Indhuja v. Prathip Kumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 11.11.2025 Coram:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR D.Indhuja .. Petitioner Vs.

Prathip Kumar .. Respondent PRAYER: This Transfer Civil Miscellaneous Petition has been filed under Section 24 of CPC praying to withdraw the petition in H.M.O.P.No.797 of 2025 pending on the file of the Principal Family Court, Coimbatore, and transfer the same to the Subordinate Judge, Ambattur. For petitioner :

Mr.Ajay Francis Inigo Loyola For respondent :

M/s.Poonghulali. B *****

ORDER

This Transfer Civil Miscellaneous Petition has been filed by the wife seeking to withdraw the petition in H.M.O.P.No.797 of 2025 filed by the respondent/husband for divorce pending from the file of the Principal Family Court, Coimbatore, and transfer the same to the learned Subordinate Judge, Ambattur.

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According to learned counsel for the petitioner/wife, she is residing at Kolathur, Chennai, and she finds it very difficult to undertake such a long travel to Coimbatore, for the purpose of attending court hearings, before the Principal Family Court, Coimbatore. It is also stated by the learned counsel that divorce petition in H.M.O.P.No.544 of 2025 filed by the petitioner/wife is pending on the file of the Subordinate Court, Ambattur and if both the petitions are allowed to go on before two different forums, it would lead to conflict of decisions and hence the petition in H.M.O.P.No.797 of 2025 filed by the respondent/ husband may be tagged along with the petition in H.M.O.P.No.544 of 2025, pending before the Subordinate Court, Ambattur.

Learned counsel for the respondent/husband would submit that this petition has been filed only to harass the respondent/husband and the same is deserved to be dismissed.

It is settled law that in cases involving matrimonial dispute, preference would be given to convenience of the wife and in the case on 2/4

hand the petitioner/wife is residing at Chennai. Further, in order to avoid conflict of judicial verdicts, both the cases have to be tagged. Taking into consideration the convenience of the petitioner/ wife and in the interest of justice, this Court is inclined to order the above transfer petition as prayed for.

Accordingly, this Transfer Civil Miscellaneous Petition is ordered and the petition in H.M.O.P.No.797 of 2025 pending on the file of the Principal Family Court, Coimbatore, is hereby withdrawn and transferred to the file of the Subordinate Court, Ambattur, for joint trial along with H.M.O.P.No.544 of 2025. No costs. Consequently connected miscellaneous petition stands closed.

11.11.2025 Speaking Order / Non Speaking Order : Yes/No cgi To

1. The Principal Family Court, Coimbatore.

2. The Subordinate Court, Ambattur.

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S.SOUNTHAR, J.

cgi 11.11.2025 4/4