P.Sasikala v. T.Suresh

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.10.2025

CORAM

THE HONOURABLE MR.JUSTICE SHAMIM AHMED and C.M.P.(MD)No.13039 of 2025 P.Sasikala, W/o. Suresh, D/o.Pitchai, No.1/3, Old Palayam Post, Akkiyampatti, Marungapuri Taluk, Trichy District.

... Petitioner vs.

T.Suresh, S/o.Thangamani, No.405, Pithvoor Village, Ponnamaravathi Taluk, Pudukkottai District.

... Respondent PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of Code of Civil Procedure to withdraw the case in H.M.O.P.No.50 of 2025 on the file of the Sub Court, Thirumayam, Pudukkottai District to transfer the same to the file of the Sub Court, Manaparai, Trichy District. For Petitioner :Mr.P.Pandia Rajan For Respondents :Mr.K.G.Arunkumar ***** 1/6

O R D E R

This Transfer Civil Miscellaneous Petition has been filed to withdraw the case in HMOP.No.50 of 2025, on the file of the Sub Court, Thirumayam, Pudukkottai District, and transfer the same to the file of Sub Court, Manaparai, Trichy District.

2.Heard Mr.P.Pandia Rajan, learned counsel for the petitioner and Mr.K.G.Arunkumar, learned counsel for the respondent. 3.The petitioner is the wife and the respondent is the husband and their marriage was solemnized on 03.09.2023, according to Hindu rites and customs. Due to matrimonial dispute arose between them, the petitioner had left the matrimonial home. The petitioner/wife has filed H.M.O.P.No.88 of 2024 before the Subordinate Court, Manaparai, Trichy District, seeking divorce. The respondent/husband has filed H.M.O.P. No.50 of 2025 before the Subordinate Court, Thirumayam, Pudukottai District, seeking restitution of conjugal rights. Seeking transfer of the 2/6

above H.M.O.P. No.50 of 2025 from the file of Subordinate Court, Thirumayam, Pudukottai District, to the file of Subordinate Court, Manaparai, Trichy District, the present Transfer Civil Miscellaneous Petition has been filed.

4.Mr.P.Pandia Rajan, learned counsel for the petitioner submits that being a lady, it is very difficult for the petitioner to travel more than 150 kms., up and down from Manapparai to Thirumayam, for all the Court hearings and also 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.50 of 2025 from the file of the Subordinate Court, Thirumayam, Pudukottai District to the file of Subordinate Court, Manaparai, Trichy District.

5.During the course of arguments, Mr.K.G.Arun Kumar, learned counsel for the respondent has, on instructions from the respondent, submitted that the respondent has no objection to transfer the HMOP.No. 50 of 2025 pending on the file of the Subordinate Court, Thirumayam, Pudukottai District, to the file of Subordinate Court, Manaparai, Trichy 3/6

District. Hence, it is not necessary to go into the merits or otherwise of the case.

6.Accordingly, in view of the submissions made by the learned counsel for the respondent, 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 HMOP.No.50 of 2025, on the file of the Subordinate Court, Thirumayam, Pudukottai District, is hereby ordered to be withdrawn and transferred to the file of the Subordinate Court, Manaparai, Trichy District. The learned Subordinate Judge, Manaparai, Trichy District 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.

7.Registry is directed to communicate this order to the learned Subordinate Judge, Thirumayam, Pudukottai District, as well as to the 4/6

learned Subordinate Judge, Manaparai, Trichy District, for its necessary compliance and information, within a period of 10 days from today. Index :Yes / No 28.10.2025 Internet :Yes / No NCC :Yes / No mm To 1.The Sub Judge, Thirumayam, Pudukkottai District. 2.The Sub Judge, Manapparai, Trichy District. 5/6

SHAMIM AHMED, J.

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