Poongavanam Alias T.Suganya, v. P.Maruthupandiyan

TR CMP(MD) NO. 16 of 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05-11-2025

CORAM

THE HONOURABLE MR.JUSTICE SHAMIM AHMED TR CMP(MD) NO. 16 of 2024 and CMP(MD) No.238 of 2024 Poongavanam @ T.Suganya, D/o. Thangapandi Door No.5/7 Mani Nagar Street Kallkurichi Aruppukottai Taluk Virudhunagar District.

Petitioner (s) Vs P.Maruthupandiyan S/o. K.Pandi Door No.2/103 Nelliyenthalpatti Village Y.Kodikulam Agricultural College Madurai East Taluk Madurai District.

Respondent(s) Prayer:

Transfer Civil Miscellaneous Petition filed under Section 24 of Civil Procedure Code to pass an order to withdraw the case in HMOP No.286 of 2023 on the file of the III Additional Sub Court, Madurai, and transfer the same to the Sub Court, Aruppukottai. For Appellant(s):

Mr.S. Sankar

For Respondent(s):

Mr.K.Sudalaiyandi

ORDER

This Transfer Civil Miscellaneous Petition has been filed to withdraw the case in HMOP.No.286 of 2023, on the file of the III Additional Sub Court, Madurai, and transfer the same to the file of Sub Court, Aruppukottai. 2.Heard Mr.S.Sankar, learned counsel for the petitioner and Mr.K.Sudalaiyandi, learned counsel for the respondent.

3.The petitioner is the wife and the respondent is the husband and their marriage was solemnized on 18.05.2018, according to Hindu rites and customs and out of their wedlock, they were blessed with a female child, namely, Keerthika. Due to matrimonial dispute arose between them, the petitioner had left the matrimonial home. The respondent/husband has filed HMOP. No.286 of 2023 before the III Additional Sub Court, Madurai, seeking divorce. Seeking transfer of the above HMOP.No.286 of 2023 from the file of III Additional Sub Court, Madurai, to the file of Sub Court, Aruppukottai, the present Transfer Civil Miscellaneous Petition has been filed. 4.Mr.S.Sankar, learned counsel for the petitioner submits that being a lady, it is very difficult for the petitioner to travel more than 100 kms., approximately up and down from

Aruppukottai to Madurai, for all the Court hearings and also she do not have any finance to meet the travel and other incidental expenses. Thus, he prays that this Court may transfer the case in HMOP.No.286 of 2023 from the file of the III Additional Sub Court, Madurai, to the file of Sub Court, Aruppukottai. 5.During the course of arguments, Mr.K.Sudalaiyandi, learned counsel for the respondent has, on instructions from the respondent, submitted that the respondent has no objection to transfer the HMOP.No.286 of 2023 pending on the file of the III Additional Sub Court, Madurai, to the file of Sub Court, Aruppukottai. Hence, it is not necessary to go into the merits or otherwise of the case.

6.Accordingly, in view of the submissions made by the learned counsel for the respondent, agreeing to allow this Transfer Civil Miscellaneous Petition, as prayed for, this Transfer Civil Miscellaneous Petition is allowed, as prayed for. The matrimonial case in HMOP.No.286 of 2023, on the file of the III Additional Sub Court, Madurai, is hereby ordered to be withdrawn and transferred to the file of the Sub Court, Aruppukottai. The learned Subordinate Judge, Aruppukottai, is directed not to give any adjournment to either of the parties unless there is any cogent reason or stay by any higher Court and decide the case, on merits and in accordance with law, expeditiously. No costs. Consequently, connected Civil Miscellaneous Petition is closed.

7.Registry is directed to communicate this order to the learned III Additional Subordinate Judge, Madurai, as well as to the learned Subordinate Judge, Aruppukottai, for its necessary compliance and information, within a period of 10 days from today. Index :Yes / No 05.11.2025 Internet :Yes / No NCC :Yes / No mm To 1.The III Additional Subordinate Judge, Madurai. 2.The Subordinate Judge, Aruppukottai.

3.The Additional Registrar General, Madurai Bench of Madras High Court, Madurai.

SHAMIM AHMED, J.

mm TR CMP(MD) NO. 16 of 2024 05.11.2025