M.Hemalatha v. S.Narasiman

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :19.08.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and CMP(MD)No.8642 of 2025 M. Hemalatha ... Petitioner Vs.

S.Narasiman ... Respondent PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24 of Civil Procedure Code, to withdraw and transfer H.M.O.P.No.166 of 2025, on the file of the Family Court, Theni, to the file of the Family Court, Thanjavur.

For Petitioner : Mr.M.Anbarasi

ORDER

The present transfer civil miscellaneous petition is filed to transfer H.M.O.P.No.166 of 2025, on the file of the Family Court, Theni, to the Family Court, Thanjavur.

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2. The notice was issued to the respondent and the Registry has recorded that the respondent has 'left without instruction'. However, this Court taking the facts into consideration, directed the learned counsel for the petitioner to issue notice to the learned counsel for the respondent who appeared before the Court below. Inspite of the notice served, the respondent has not turned up before this Court either in person or through his counsel.

3. Since the marriage took place in Theni the HMOP has been filed before the Family Court, Theni. However, the petitioner is residing in Thanjavur along with her parents. Therefore, the petitioner could not travel 400km distance the present petition is filed.

4. Based on the reason that the petitioner is not earning and could not spent for travel and further she is taking care of her old parents, this Court is inclined to allow this petition. 2/4

5. Accepting the contentions of the petitioner, the transfer civil miscellaneous petition is allowed as prayed for. No costs. Consequently, connected miscellaneous petition is closed.

19.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes KSA To

1. The Family Court, Theni.

2. The Family Court, Thanjavur.

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S.SRIMATHY, J., KSA TR CMP(MD)No. 325 of 2025 19.08.2025 4/4