Rakshita v. Jeyamurugan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.08.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and CMP(MD)No.13220 of 2024 Rakshita ... Petitioner Vs.

Jeyamurugan ... Respondent PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24 of Civil Procedure Code, to withdraw H.M.O.P.No.960 of 2024, on the file of the Family Court, Madurai and to transfer the same to the Sub Court, Thiruvarur.

For Petitioner : Mr.S.Asaithambi *****

ORDER

The present transfer civil miscellaneous petition is filed to transfer H.M.O.P.No.960 of 2024, on the file of the Family Court, Madurai, to the Sub Court, Thiruvarur.

2.At the time of admission, this Court issued notice to the 1/4

respondent. The Registry has noted that the notice is unclaimed and also indicated as no such person.

3.In the Trial Court, the respondent is actively participating in the litigation. Therefore, this Court is of the considered opinion that the notice is served to the respondent. Hence, service is completed. 4.The petitioner has already filed H.M.O.P.No.42 of 2024 praying for divorce. In the meanwhile, the husband has filed H.M.O.P.No. 960 of 2024 for restitution of conjugal rights at Madurai. 5.The learned Counsel appearing for the petitioner submitted that it is an inter-caste marriage and citing the caste difference, the respondent is harassing the petitioner and she is not able to live the with the respondent. On these grounds of cruelty, the petitioner has filed a divorce application which is pending in Thiruvarur. Since the petitioner is not working, she is finding it difficult to meet the expenses for the litigation especially, travelling from Thiruvarur to Madurai. Therefore, the present petition is filed.

6.After hearing the rival submissions, this Court is inclined to allow the transfer civil miscellaneous petition. Therefore, the transfer civil 2/4

miscellaneous petition is allowed as prayed for. No costs. Consequently, connected miscellaneous petition is closed.

20.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes Tmg To

1. The Family Court, Madurai.

2. The Sub Court, Thiruvarur.

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S.SRIMATHY, J., Tmg 20.08.2025 4/4