P.Maharani v. Rajeswaran

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.11.2025 THE HONOURABLE MR.JUSTICE SHAMIM AHMED and C.M.P.(MD)Nos.5655 and 5656 of 2025 P.Maharani, W/o. Rajeswaran, 2/134, 5th Street, Kalvi Nagar, Palkalgam, Rajampadi, Madurai District.

... Petitioner vs.

Rajeswaran, S/o. Palamurugan, Door No.247, Pillayar Kovil Street, Saminatham Village, Sivakasi Taluk, Virudhunagar District.

... Respondent PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of Code of Civil Procedure to pass an order to withdraw the case in H.M.O.P.No.22 of 2025 on the file of the Family Court, Srivilliputhur, Virudhunagar District and transfer to Family Court, Madurai. For Petitioner :Mr.M.Raghuman Khan For Respondent : No appearance ***** 1/6

O R D E R

This Transfer Civil Miscellaneous Petition is filed to withdraw the case in HMOP No.22 of 2025 on the file of the Family Court, Srivilliputhur, Virudhunagar District and transfer the same to the file of Family Court, Madurai.

2.Heard Mr.M.Raghuman Khan, learned counsel for the petitioner. 3.The petitioner is the wife and the respondent is the husband and their marriage was solemnized on 04.03.2022, according to Hindu rites and customs. Due to matrimonial dispute arose between them, they are living separately and the respondent/husband has filed HMOP.No.22 of 2025 before the Family Court, Srivilliputhur, Virudhunagar District seeking divorce on the ground of desertion and dereliction of duty as wife. Seeking transfer of the above H.M.O.P. No.22 of 2025 from the file of Family Court, Srivilliputhur, Virudhunagar District, to the file of Family Court, Madurai, the present Transfer Civil Miscellaneous Petition has been filed.

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4.Mr.M.Raghuman Khan, learned counsel for the petitioner submits that being a lady, it is very difficult for the petitioner to travel more than 160 kms., approximately up and down from Madurai to Srivilliputhur, 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.22 of 2025 from the file of the Family Court, Srivilliputhur, Virudhunagar District to the file of Family Court, Madurai.

5.The Co-ordinate Bench of this Court, vide order dated 03.04.2025, had passed the following order:- "Heard the learned counsel for the petitioner. 2.Issue notice to the respondent returnable by 24.04.2025. Private notice is also permitted. 3.List the matter on 24.04.2025.

4. There shall be an order of interim stay till then" 6.As per Office report, dated 17.11.2025, it is seen that Court notice as well as private notice has been served to the respondent. The learned counsel for the petitioner has also filed proof of service in respect 3/6

of service of notice to the respondent. However, today, when the matter is being taken up, neither the respondent nor any counsel representing the respondent appear before this Court. Thus, it appears that the respondent is not interested to pursue this Transfer Civil Miscellaneous Petition. 7.Accordingly, after considering the arguments as advanced by the learned counsel for the petitioner, considering the fact that the petitioner, being a lady, would be facing difficulty to travel about more than 160 kms approximately up and down to attend all the Court hearings before the Family Court, Srivilliputhur, Virudhunagar District, where the HMOP.No.

22 of 2025 is pending and that she is also facing finance constraint to meet travel and incidental expenses and also considering the averments made in the affidavit filed in support of the present Transfer Civil Miscellaneous Petition, this Transfer Civil Miscellaneous Petition is allowed, as prayed for. The matrimonial case in HMOP.No.22 of 2025, on the file of the Family Court, Srivilliputhur, Virudhunagar District, is hereby ordered to be withdrawn and transferred to the file of the Family Court, Madurai.

cogent reason or stay by any higher Court and decide the case, if the same is not already decided, on merits and in accordance with law, expeditiously. No costs. Consequently, connected Civil Miscellaneous Petitions are closed.

8.Registry is directed to communicate this order to the learned Judge, Family Court, Madurai, as well as to the learned Judge, Family Court, Srivilliputhur, Virudhunagar District, for its necessary compliance and information, within a period of 10 days from today. Index :Yes / No 18.11.2025 Internet :Yes / No NCC :Yes / No mm To 1.The Judge, Family Court, Srivilliputhur, Virudhunagar District. 2.The Judge, Family Court, Madurai.

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SHAMIM AHMED, J.

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