N.Pavithra v. K.Prabhu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.01.2026

CORAM:

THE HONOURABLE DR. JUSTICE A.D. MARIA CLETE Tr.C.M.P. No.6 of 2026 and C.M.P. No. 71 of 2026 N. Pavithra ... Petitioner -versusK. Prabhu ... Respondent Prayer in Tr.C.M.P. No.6 of 2026:

Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of Civil Procedure to withdraw H.M.O.P. No.1384 of 2024 from the file of the Principal Family Court, Coimbatore, and transfer the same to the file of the Additional Principal Family Court, Coimbatore.

Prayer in C.M.P. No. 71 of 2026:

Petition filed to grant interim stay of all further proceedings in H.M.O.P. No.1384 of 2024, pending disposal of the Transfer Civil Miscellaneous Petition. For Petitioner :Mr.J.Kingsly Solomon For Respondent : Mr.I.Abdul Basith 1/4

ORDER

1. Heard.

2. The petitioner seeks transfer of H.M.O.P. No.1384 of 2024 from the file of the Principal Family Court, Coimbatore, to the file of the Additional Principal Family Court, Coimbatore.

3. It is not in dispute that both the Courts, between which the transfer is sought, are Courts within the same District Judiciary, namely, Coimbatore District, and are subordinate to the same District Court.

4. Under Section 24(1)(a) of the Code of Civil Procedure, the District Court is empowered to withdraw any suit, appeal or other proceeding pending in any Court subordinate to it and transfer the same to any other Court also subordinate to it. When the transfer sought is between Courts subordinate to the same District Court, the Principal District Judge is the competent authority to entertain and decide such transfer petitions. 2/4

5. In the present case, since the transfer is sought only between two Courts within the same District Judiciary, this Court views that the Transfer Civil Miscellaneous Petition filed before this Court is not entertainable. .

6. Accordingly, Tr.C.M.P. No.6 of 2026 is dismissed . C.M.P. No. 71 of 2026 is closed. There shall be no order as to costs. 30.01.2026 mfa Index: Yes / No Speaking Order / Non-speaking Order To

1. Principal Family Court, Coimbatore 2.Additional Principal Family Court, Coimbatore. 3/4

DR. A.D. MARIA CLETE, J mfa Tr.C.M.P. No.6 of 2026 and C.M.P. No. 71 of 2026 30.01.2026 4/4