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Madras High CourtTR CMP/1347/2025allowed

C.Karthika Jothi, v. K.N.Om Prakash

2026-02-27Honourable Dr.Justice A.D.Maria Clete6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27-02-2026

CORAM

THE HON'BLE DR.JUSTICE A.D.MARIA CLETE AND CMP NO. 31427 OF 2025 C.Karthika Jothi, W/o K.N Om Prakash and D/o N.Chezhlian, 28/1, Gokualam Colony 6th Street, P.N Pudur, Coimbatore 641 041.

..Petitioner(s) Vs K.N.Om Prakash S/o Late R.Natarajan, D.No 1C/60, Ayyappa Nagar, Gobichettipalayam Tk, Erode Dist.

..Respondent(s) CMP No. 31427 of 2025 C.Karthika Jothi W/o K.N Om Prakash and D/o N.Chezhlian, 28/1, Gokualam Colony 6th Street, P.N Pudur, Coimbatore 641 041.

..Appellant(s) Vs K.N.Om Prakash S/o Late R.Natarajan, D.No 1C/60, Ayyappa Nagar, Gobichettipalayam Tk, Erode Dist.

..Respondent(s)

To withdraw and transfer of HMOP No. 124 of 2020 Which is pending on the file of the Honble Sub Ordinate Court at Gopichetipalayam, Erode District to be tried before the Honble Family Court, Coimbatore District. CMP No. 31427 of 2025 To Stay of all the proceedings in HMOP No. 124 of 2020 Which is pending on the file of the Honble Sub Ordinate Court at Gopichetipalayam, Erode District pending disposal of the above Tr. CMP For Petitioner(s):

Mr.P.Saravanan For Respondent(s):

M/s.H.Jahirhussain Order Heard the learned counsel appearing on either side. 2.

This Transfer Civil Miscellaneous Petition is filed under Section 24 CPC seeking withdrawal of H.M.O.P. No.124 of 2020 pending on the file of the Subordinate Court, Gobichettipalayam and transfer to the Family Court, Coimbatore.

3.

The petitioner/wife states that she is residing at Coimbatore along with the minor child and elderly parents; that she lacks support at Gobichettipalayam; and that frequent travel and attendance at Gobichettipalayam causes hardship, apart from raising apprehensions as to safety.

4.

This Court, while exercising power under Section 24 CPC, considers comparative hardship and convenience, and whether transfer would advance the ends of justice.

5.

On the materials placed, this Court is satisfied that the petitioner has made out sufficient grounds and that the balance of convenience warrants transfer.

6.

Accordingly, TR.C.M.P. No.1347 of 2025 is allowed. H.M.O.P. No.124 of 2020 is withdrawn from the file of the Subordinate Court, Gobichettipalayam and transferred to the file of the Family Court, Coimbatore, for disposal in accordance with law. The Subordinate Court, Gobichettipalayam shall transmit the records within a period of three weeks from the date of receipt of a copy of this order to the transferee Court. The transferee Court shall dispose of the matter in accordance with law, as expeditiously as possible, uninfluenced by any observation made in this order. No costs. Connected miscellaneous petition(s), if any, stand closed.

27-02-2026 Index: Yes/No Speaking/Non-speaking order MFA

To 1.The Sub Ordinate Court at Gopichetipalayam, Erode District. 2.The Family Court, Coimbatore District.

DR.A.D.MARIA CLETE J.

MFA AND CMP NO. 31427 OF 2025 27-02-2026