Rathika v. Balasubramaniyan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-06-2026

CORAM

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI TR.C.M.P.No.1363 of 2025 and C.M.P.No.31880 of 2025 Rathika D/o.Gnaneswaran, Door No.1-6, Pochampalli, Jambukuttapatti, Krishnagiri - 635 206.

..Petitioner(s) Vs Balasubramaniyan S/o.Annadurai, Plot No.69, 70 Cauvery Garden, Phase -3, Murungapettai, Mutharasanallur, Srirangam, Tiruchirappalli - 620 101.

..Respondent(s) Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil Procedure Code, 1908, praying to withdraw the case in H.M.O.P.No.49 of 2023 pending on the file of the Principal Sub Court at Tiruchirapalli and transfer the same to the Sub Court at Uthangarai, Krishnagiri District. For Petitioner(s):

Mr.R.Jayaprakash For Respondent(s):

No appearance

ORDER

This petition has been filed to withdraw the case in H.M.O.P.No.49 of 2023 pending on the file of the Principal Sub Court, Tiruchirapalli and transfer the same to the Sub Court at Uthangarai, Krishnagiri District.

2.Heard the learned counsel for the petitioner and perused the materials available on record.

3.Despite name printed, there is no representation on the side of the respondent.

4.Learned counsel for the petitioner submits that the petitioner is residing at Krishnagiri and it is very difficult for her to travel nearly about 250 Kms for each and every hearing before the Principal Sub Court at Tiruchirapalli. Therefore, the petitioner wants to transfer the case from Tiruchirapalli to Krishnagiri. He further submits that the marriage was solemnized between the petitioner and the respondent in the year 2011. But no child born to them. The petitioner and the respondent lived together nearly 8 years. After the dispute, as on date, the petitioner is living with her age old parents. Thereafter, the respondent filed a petition in H.M.O.P.No.49 of 2023 before the Principal Sub Court, Tiruchirappali seeking divorce. He further submits that the petitioner filed a petition in M.C.O.P.No.4 of 2024 and a petition in D.V.A.C.No.1 of 2024 both are pending before the Courts at Pochampalli. Therefore, he prayed that if the case is transferred to the Sub Court, Uthangarai, Krishnagiri District it would be more convenient for both the parties.

5.I have gone through the affidavit filed in support of the transfer petition as well. I find merit in the submissions made by the learned counsel for the petitioner.

6.Considering the submission made by the learned counsel for the petitioner, this Court is inclined to transfer the case from the Principal Sub Court, Tiruchirapalli to the Sub Court at Uthangarai, Krishnagiri District. Accordingly, the case in H.M.O.P.No.49 of 2023 is hereby withdrawn from the file of the Principal Sub Court, Tiruchirapalli and transferred to the file of the Sub Court, Uthangarai, Krishnagiri District. After receipt of the case papers from the Principal Sub Court, Tiruchirapalli, the Sub Court, Uthangarai, Krishnagiri District is directed to send a notice to the respondent. After due service of notice, the Sub Court, Uthangarai, Krishnagiri District is directed to proceed with the matter.

7.Accordingly, this transfer civil miscellaneous petition is allowed. No costs. Consequently, connected civil miscellaneous petition is closed. 02-06-2026 Index: Yes/No Speaking/Non-speaking order pam

T.V.THAMILSELVI, J.

pam To 1.The Principal Sub Court, Tiruchirapalli 2.The Sub Court, Uthangarai, Krishnagiri District. TR.C.M.P.No.1363 of 2025 and C.M.P.No.31880 of 2025 02-06-2026