J.Maria Eronisha v. L.John Russo
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.10.2025
CORAM
THE HONOURABLE MR.JUSTICE SHAMIM AHMED and C.M.P.(MD)No.10939 of 2023 J.Maria Eronisha, D/o.Jeromiyas, No.2/129A, South Street, Kuthenkully, Radhapuram Taluk, Tirunelveli District.
... Petitioner vs.
L.John Russo, S/o.Ligouri, No.57/A, Thendral Nagar, 2nd Street, Kallikuppam, Balaji Nagar Extension, Ambattur, Thiruvallur-600 053.
... Respondent PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of Code of Civil Procedure to withdraw and transfer of the I.D.O.P.No.168 of 2025 from the Principal District Court at Thiruvallur District to the Principal District Court at Tirunelveli. For Petitioner :Mr.C.Ezhilarasu For Respondents :Mr.R.Narmadhan ***** 1/6
O R D E R
The present Transfer Civil Miscellaneous Petition has been filed with the following prayer:
"to withdraw and transfer the case in I.D.O.P.No.168 of 2025 from the Principal District Court at Thiruvallur District to the Principal District Court at Tirunelveli."
2.Heard Mr.C.Ezhilarasu, learned Counsel for the petitioner and Mr.R.Narmadhan, learned Counsel for the respondent. 3.Mr.C.Ezhilarasu, learned Counsel appearing for the petitioner, submits that the marriage between the petitioner, J.Maria Eronisha and the respondent, L.John Russo, was solemnized by the elders of the family on 26.01.2025 at the High Mass of Epiphany Church, Kuthenkully, in accordance with the Christian Marriage Act, and was registered by the Parish Priest of the Church of Epiphany, Kuthenkully, on 12.02.2025. Due to certain disputes, the respondent filed a petition for divorce in I.D.O.P. No.168 of 2025 before the Principal District Court, Thiruvallur 2/6
District, which is presently pending. As the petitioner is a lady and has aged parents, it is difficult for her to attend the proceedings at Thiruvallur, which is situated about 800 kilometres away from her native place. Hence, the petitioner has filed the present petition praying that this Court may transfer I.D.O.P.No.168 of 2025 from the Principal District Court, Thiruvallur District, to the Principal District Court, Tirunelveli District.
4.This Court, vide order, dated 06.10.2025, had passed the following the order:
"6.This Court finds that the matter is purely matrimonial in nature, and considering the recent marriage that took place in January 2025 followed by litigation, it is appropriate to attempt a resolution. Both parties, namely the petitioner, J.Maria, and the respondent, L.John Russo, are directed to appear before this Court on 16.10.2025. The learned counsel for the parties are directed to inform their respective clients about the date fixed by this Court.
7.Put up this case for further hearing on 16.10.2025 before the appropriate bench."
5.In compliance of the order passed by this Court, dated 06.10.2025, the petitioner, J.Maria Eronisha and the respondent, L.John Russo, appeared before this Court in person.
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6.During the course of arguments, both the parties as well as the learned Counsel for the petitioner and the learned Counsel for the respondent have mutually agreed to transfer the case in I.D.O.P.No.168 of 2025 on the file of the Principal District Court at Thiruvallur District to the file of the Principal District Court, Tirunelveli, and both the parties as well as the learned Counsel for the parties 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.
7.In the result, in view of the mutual agreement between the parties and the endorsements made by the parties, who appeared before this Court in person and the learned Counsel for the parties, 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 I.D.O.P.No.168 of 2025 pending on the file of the Principal District Court at Thiruvallur District, is hereby ordered to be withdrawn and transferred to the file of the Principal District Court, Tirunelveli. 4/6
The parties are directed to appear before the Principal District Court, Tirunelveli, on the next date of hearing and the parties shall not seek any unnecessary adjournment, unless there is any cogent reason or stay by any higher Court. The Principal District Judge, Tirunelveli, may expedite the proceedings of the case expeditiously. Interim order, if any, granted stands vacated and the file is consigned to record. No costs. Consequently, connected miscellaneous petition is closed. Index :Yes / No 16.10.2025 Internet :Yes / No NCC :Yes / No cmr To 1.The Principal District Judge, Thiruvallur District.
2.The Principal District Judge, Tirunelveli.
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SHAMIM AHMED, J.
cmr 16.10.2025 6/6