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Madras High CourtTR CMP(MD)/400/2025allowed

Jothi Alias Ananda Jothi v. Kannan

2025-08-26Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.08.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and CMP(MD)No.11043 of 2025 Jothi Alias Ananda Jothi ... Petitioner Vs.

Kannan ... Respondent PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24 of Civil Procedure Code, to withdraw H.M.O.P.No. 65 of 2023, on the file of the Sub Court Valliyoor. and to transfer the same to the Sub Court, Mayiladuthurai.

For Petitioner : Mr.R.Balakrishnan For Respondent : Mr. V.Sasikumar *****

ORDER

The present transfer civil miscellaneous petition is filed to transfer H.M.O.P.No. 65 of 2023, on the file of the Sub Court Valliyoor, to the Sub Court, Mayiladuthurai.

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2.The reason cited by the petitioner is that she is working as a Teacher and she has to take care of two children even though they are major. Considering the petitioner's age, she is not able to travel 500 kilometres regularly.

3.On the other hand, the learned Counsel appearing for the respondent husband submitted that the husband is also working as a Teacher. In spite of mediation attempt, the issue could not be settled. 4.After considering the rival submissions, this Court is inclined to allow this and allow the transfer civil miscellaneous petition as prayed for the sole reason that the petitioner is working in Mayiladuthurai and take care of her children. Therefore, the transfer civil miscellaneous petition is allowed as prayed for. The stage of the case is the respondent side evidence ought to be submitted. The Sub Court, Mayiladuthurai, is directed to complete the proceedings within a period of four months from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.

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NCC : Yes / No Index : Yes / No Internet : Yes Tmg To

1. Sub Court Valliyoor.

2. Sub Court, Mayiladuthurai.

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S.SRIMATHY, J., Tmg 26.08.2025 4/4