K.Shinma v. S.Karthikeyan

TR CMP(MD) NO. 347 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23-10-2025

CORAM

THE HONOURABLE MR.JUSTICE SHAMIM AHMED TR CMP(MD) NO. 347 of 2025 and CMP(MD) No.9587 of 2025 K.Shinma D/o. N.S.Kumar alias Kasa, Koppampatti Post, Thuraiyur Taluk, Trichy.

Appellant(s) Vs S.Karthikeyan S/o. Sadasivam, Door No.33, Ganesapuram Middle Street, Pulliyur, Cement Factory, Karur.

Respondent(s) Prayer:

Transfer Civil Miscellaneous Petition filed under Section 24 of Civil Procedure Code to withdraw the case in HMOP 211 of 2025 on the file of the Honourable Family Court, Karur and transfer the same to the file of the Honourable Sub Court, Thuraiyur.

For Appellant(s):

Mr.K.Prabhakar For Respondent(s):

No appearance

ORDER

This Transfer Civil Miscellaneous Petition has been filed to withdraw the case in HMOP.No.211 of 2025, on the file of the Family Court, Karur and transfer the same to the file of Sub Court, Thuraiyur.

2.Heard Mr.K.Prabhakar, learned counsel for the petitioner. 3.The petitioner is the wife and the respondent is the husband and their marriage was solemnized on 05.12.2024, according to Hindu rites and customs. Due to matrimonial dispute arose between them, the petitioner had left the matrimonial home. The respondent/husband has filed the above H.M.O.P.No.211 of 2025 before the Family Court, Karur, for restitution of conjugal rights. Hence, this Transfer Civil Miscellaneous Petition is filed seeking to withdraw the case in HMOP.No.211 of 2025, on the file of the Family Court, Karur and transfer the same to the file of Sub Court, Thuraiyur. 4.Mr.K.Prabhakar, learned counsel for the petitioner submits that being a lady, it is very difficult for her to travel all the way from Thuraiyur to Karur, for all the Court hearings and 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.211 of 2025 from the file of the Family Court, Karur to the file of Sub Court, Thuraiyur.

5.The Co-ordinate Bench of this Court, vide order dated 26.06.2025, had passed the following order:- "Issue notice to the respondent through Court and post, returnable by 14.07.2025. Private notice is also permitted. 2.Batta in 3 working days. Once batta is paid, Registry is directed to issue process on the same day. Since this Court ordered notice through Court and Post the petitioner is directed to pay batta of Rs.35/- each. 3.Affidavit of proof of service ought to be filed on or before 11.07.2025. 4.List this case on 14.07.2025. "

6.As per Office report, dated 11.07.2025, notice has been served on the sole respondent. However, when the matter came up for hearing on 01.09.2025, neither the respondent nor any counsel representing the respondent appear before this Court. Thus, this Court, on 01.09.2025, had adjourned the matter to today, granting one last opportunity to the respondent to argue the case. The order, dated 01.09.2025, passed in the present Transfer Civil Miscellaneous Petition is extracted herein below:- "This Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure to withdraw the case in HMOP.No.211 of 2025 on the file of the Family Court, Karur and transfer the same to the file of Sub Court, Thuraiyur. 2.The Co-ordinate Bench of this Court, vide order dated 26.06.2025, had passed the following order:- "Issue notice to the respondent through Court and post, returnable by 14.07.2025. Private notice is also permitted.

2.Batta in 3 working days. Once batta is paid, Registry is directed to issue process on the same day. Since this Court ordered notice through Court and Post the petitioner is directed to pay batta of Rs.35/- each.

3.Affidavit of proof of service ought to be filed on or before 11.07.2025.

4.List this case on 14.07.2025."

3.As per Office report, dated 11.07.2025, notice has been served on the sole respondent. However, when the matter is being taken up for hearing today, neither the respondent nor any counsel representing the respondent appear before this Court today.

4.Accordingly, one last opportunity is given to the respondent to argue the case. In the meantime, the respondent is directed to file a counter affidavit within four weeks and one week time thereafter is allowed to the learned counsel for the petitioner to file a rejoinder affidavit to the counter affidavit filed by the respondent. 5.Put up this case 'for orders' on 23.10.2025 before the appropriate Bench." 7.However, even today, when the case was taken up in the revised call, 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.

8.Accordingly, considering the arguments as advanced by the learned counsel for the petitioner 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.211 of 2025, on the file of the Family Court, Karur, is hereby ordered to be withdrawn and transferred to the file of the Sub Court, Thuraiyur. The Sub Court, Thuraiyur, 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. Index :Yes / No 23.10.2025 Internet :Yes / No mm To 1.The Judge, Family Court, Karur.

2.The Subordinate Judge, Thuraiyur.

SHAMIM AHMED, J.

mm TR CMP(MD) NO. 347 of 2025 23.10.2025