Priyadharshini Ramanathan v. R.Senthil Alagappan

Tr.CMP No.1195 of 2025 Tr.CMP No.1195 of 2025 S.SOUNTHAR, J.

This Transfer Civil Miscellaneous petition is listed today under the caption " for being mentioned", at the instance of the learned counsel for the respondent.

2. It is brought to the notice of this court that the number of the divorce petition filed by the husband has been wrongly mentioned as HMOP No.276 of 2025 instead of HMOP No.276 of 2023 in paragraph No.1 and 5 of the order dated 19.11.2025 in Tr.CMP No.1195 of 2025.

3. It is also brought to the notice of this court that the respondent/husband filed a petition seeking divorce and the petitioner/wife filed a petition for restitution of conjugal rights, however, the same has been wrongly mentioned in paragraph No.2. vice versa.

4. Registry is directed to (i) substitute the correct No as HMOP No.276 of 2023 instead of HMOP No.276 of 2025 in line No.2 of paragraph Nos.1 and 5 of the order dated 19.11.2025 in Tr.CMP No.1195 of 2025.

(ii) substitute the word respondent/plaintiff in the place of petitioner in line 2 of paragraph No.2.

(iii) substitute the word petitioner in the place of respondent/husband in line 3 of paragraph No.2.

and issue fresh order copy by incorporating the above said corrections. MST 20.02.2026 __________

Tr.CMP No.1195 of 2025 S.SOUNTHAR, J.

MST Tr.CMP No.1195 of 2025 20.02.2026 __________

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.11.2025 CORAM :

THE HONOURABLE MR.JUSTICE S. SOUNTHAR and C.M.P.No.27040 of 2025 Priyadharshini Ramanathan .. Petitioner vs R.Senthil Alagappan .. Respondent Prayer : Petition filed under Section 24 of CPC to withdraw and transfer the HMOP No. 276 of 2023 on the file of the Subordinate Court, Devakottai and tried along with HMOP.No.240 of 2025 on the file of Sub-Court, Pollachi.

For Petitioner :

Mr.S.Suriya Badrinath For Respondent :

Ms.Aishwarya G.Prakash for M/s.A.S.Kailasam and Associates

ORDER

The Transfer Civil Miscellaneous Petition is filed seeking transfer of petition filed by respondent/husband in HMOP.No.276 of 2025 from 3/6

the file of Subordinate Court, Devakottai to the file of Subordinate Court, Pollachi for joint trial along with HMOP.No.240 of 2025. 2.

The learned counsel for the petitioner would submit that if the petition for divorce filed by the petitioner and the petition filed by respondent/husband for restitution of conjugal rights are allowed to go on before the two different courts, there is a likelihood of conflict of judicial verdicts and hence both the petitions shall be tagged together. 3.

It is seen from the averments found in the affidavit, the petitioner is residing at Pollachi within the territorial limits of Subordinate Court, Devakottai. She filed petition for divorce in HMOP.No.240 of 2025 on the file of Sub-Court, Pollachi and the same is pending.

4.

The issues involved in both the OPs are one and the same, and if these petitions are allowed to go on before two different forums, there will be a likelihood of conflicting judicial verdicts. In order to avoid such an eventuality and in the interest of justice, this Court is inclined to order the transfer petition.

4/6

5. Accordingly, the Transfer Civil Miscellaneous Petition is allowed and HMOP.No.276 of 2025 is pending on the file of Subordinate Court, Devakottai is withdrawn and transferred to the file of the Sub-Court, Pollachi for joint trial along with H.M.O.P.No.240 of 2025. No costs. Consequently, the connected civil miscellaneous petition is closed.

19.11.2025 Index:Yes/No ub To 1.The Subordinate Court, Devakottai 2.The Sub-Court, Pollachi.

S. SOUNTHAR,J., ub Tr.C.M.P.No.1195 of 2025 5/6

19.11.2025 6/6