Madras High CourtTR CMP(MD)/498/2025disposed of

Priyadharsini v. Balamurugan

2025-10-13Honourable Mr.Justice Shamim Ahmed4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13-10-2025

CORAM

THE HONOURABLE MR.JUSTICE SHAMIM AHMED TR CMP(MD) NO. 498 of 2025 in CMP(MD) NO. 13924 OF 2025 Priyadharsini, D/o.Lazarus, No.8, Balaji Nagar -1, Angarai, Lalgudi (TK), Trichirapalli District. Present Address Priyadharsini, D/o.Lazarus, No.74/1, Kalaimagal colony, Vanakaliyamman Kovil Street, Kalikampatti, Dindigul District.

Petitioner Vs Balamurugan, S/o.Jeyaram, Door No.8-3-18, Gandhiji Street, T.Kallipatti, Thenkarai, Periyakulam (Taluk), Theni District.

Respondent Prayer: This Transfer Civil Miscellaneous Petition has been filed, under Section 24 of the Civil Procedure Code to withdraw the HMOP.No.319 of 2024 on the file of the Family court, Theni and transfer the same to the file of the Family Court, Dindigul.

For Petitioner : Mr.V.Palanichamy For Respondent : Mr. S.Vignesh Shunmugam for M/s.Ajmal Associates

ORDER

1. When the matter is taken up for consideration, the learned counsel for the Petitioner has submitted that there is a typographical error crept in the petition and the affidavit filed in support of this Transfer Civil Miscellaneous Petition, in respect of HMOP Number, namely, it has 1/4

been been wrongly mentioned as HMOP.No.2024, instead of HMOP No.319 of 2025 and hence, the learned counsel prays to rectify the said typographical error, wherever it occurs in the petition and the affidavit filed in support of this Transfer Civil Miscellaneous Petition. Accordingly, the learned counsel for the Petitioner is permitted to make corrections in respect of HMOP Number, as HMOP.No.319 of 2025, instead of HMOP.No.319 of 2024, wherever it occurs in the petition and the affidavit filed in support of this Transfer Civil Miscellaneous Petition. The learned counsel for the Petitioner has also made corrections as stated above in the petition and the affidavit filed in support of this Transfer Miscellaneous Petition.

2. This Transfer Civil Miscellaneous Petition has been filed, to withdraw the HMOP.No.319 of 2024 on the file of the Family court, Theni and transfer the same to the file of the Family Court, Dindigul.

3. This Court heard Mr.V.Palanichamy, the learned counsel for the Petitioner and Mr.Vignesh Shunmugam, the learned counsel for the Respondent and considered their submissions.

4. The Petitioner is the wife and the Respondent is the husband and their marriage was solemnised on 05.12.2016, according to Hindu rites and customs. Due to matrimonial dispute arose between them, the Petitioner 2/4

had left the matrimonial home. The Respondent/Husband had filed the above HMOP.No.319 of 2025, before the Family Court, Theni, against the Petitioner/Wife, for divorce on the ground of desertion and dereliction of duty as wife. But, according to the Petitioner/Wife, she left the matrimonial home due torture by the Petitioner and she has a female child, aged about 7 years, studying II Standard and it is very difficult for her to travel all the way from Dindigul to Theni, for all the court hearings and she do not have any finance to meet the travel and other incidental expenses and hence, this Transfer Civil Miscellaneous Petition has been filed.

5. During the course of arguments, the learned counsel for the Respondent has, on instructions from the Respondent, submitted that the Respondent has no objection to transfer the HMOP.No.319 of 2025, on the file of the Family Court, Theni to the file of Family Court, Dindigul. 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.319 of 2025, SHAMIM AHMED, J.

3/4

Srcm on the file of the Family Court, Theni, is hereby ordered to be withdrawn and transferred to the file of the Family Court, Dindigul Madurai. The Family Court, Dindigul is directed not to give any adjournment to either of the parties unless there is any cogent reason or direction of this Court and decide the case, on merits and in accordance with law, expeditiously. There is no order as to costs. Consequently, the connected Civil Miscellaneous Petition.

13-10-2025 Srcm

1. The Family court, Theni

2. The Family Court, Dindigul.

TR CMP(MD) NO. 498 of 2025 4/4