Mallika v. Palchamy

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.10.2025

CORAM:

THE HONOURABLE MR.JUSTICE SHAMIM AHMED CMP(MD)No.7310 of 2023 Mallika, W/o.Palchamy, Sundariah Street, Meetu Theru Pethaniapuram, Arasaradi, Madurai South Presently residing at Sangeeth Nagar, Madurai Petitioner Vs Palchamy, S/o.Rasu, Door No.8/307, South Street, Utkadai Kongapatti, Ethilode Village, Nilakottai Taluk, Dindigul District Respondent Prayer:- This Transfer Civil Miscellaneous Petition has been filed, under Section 24 read with 151 of CPC, to withdraw the petition in HMOP.No. 240 of 2022, on the file of the Principal Sub Court, Dindigul and transfer the same to the Family Court, Madurai.

For Petitioner : Mr.A.R.Kannappan For Respondent : Mr.R.Santhanam

ORDER

1. This case is listed before this Court for rehearing today, as regular Bench, as per the order, dated 15.09.2025, of the Honourable The Chief Justice of this Court.

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2. This Transfer Civil Miscellaneous Petition has been filed, to withdraw the petition in HMOP.No.240 of 2022, on the file of the Principal Sub Court, Dindigul and transfer the same to the Family Court, Madurai.

3. This Court heard Mr.A.R.Kannappan, the learned counsel for the Petitioner and Mr.R.Santhanam, the learned counsel for the Respondent and considered their submissions.

4. The Petitioner is the wife and the Respondent is the husband and their marriage was solemnised on 09.09.2021, according to Hindu rites and customs. The Respondent/Husband had filed the above HMOP.No.240 of 2022 against the Petitioner/Wife, before the Principal Sub Court, Dindigul, for divorce on the ground of desertion and adultery. But, according to the Petitioner/Wife, she was thrown out of the matrimonial home forcibly and it is very difficult for her to travel a "To and Fro" distance of around 150 Kms from Madurai, where she is residing, to Dindigul, for all the court hearings and further, she do not have any financial assistance to meet the travel and other incidental expenses and hence, this Transfer Civil Miscellaneous Petition has been filed.

5. During the course of arguments, both the learned counsel for the Petitioner and the learned counsel for the Respondent have mutually agreed, on the instructions of their respective clients, to transfer the 2/5

HMOP.No.240 of 2022 on the file of the Principal Sub Court, Dindigul, to the file of the Sub Court, Madurai and they have also made endorsements to that effect in the affidavit filed in support of this Transfer Civil Miscellaneous Petition. Hence, it is not necessary to go into the merits or otherwise of the case.

6. Accordingly, in view of the mutual agreement between the parties and the endorsements made by the learned counsel for the parties, agreeing to allow this Transfer Civil Miscellaneous Petition, as prayed for, this Transfer Civil Miscellaneous Petition is allowed. The matrimonial case in HMOP.No.240 of 2022, on the file of the Principal Sub Court, Dindigul is hereby ordered to be withdrawn and transferred to the file of the Sub Court, Madurai. The Sub Court, Madurai is directed to decide the case, in accordance with law, expeditiously. The File is consigned to Record. There is no order as to costs. Consequently, the connected Civil Miscellaneous Petition is closed.

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Srcm To

1. The Principal Sub Court, Dindigul

2. The Family Court, Madurai.

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SHAMIM AHMED, J.

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