R.Shivani v. M.Arunkumar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.11.2025 THE HONOURABLE MR.JUSTICE SHAMIM AHMED and C.M.P.(MD)No.14190 of 2025 R.Shivani D/o. Rajendran No/44-7 New Street Periyamilaguparai Trichy -620 001.

... Petitioner vs.

M.Arunkumar S/o. Manoharan No.65 Thiruvalluvar Nagar 4th Cross Karur -639 002.

... Respondent PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of Code of Civil Procedure to pass an order to withdraw the H.M.O.P. No. 375 of 2025 on the file of the Family Court, Karur and transfer the same to the file of the Family Court, Trichy. For Petitioner : Mr.T.Lenin Kumar 1/6

O R D E R

This Transfer Civil Miscellaneous Petition has been filed to withdraw the case in HMOP.No.375 of 2025, on the file of the Family Court, Karur and transfer the same to the file of Family Court, Trichy. 2.Heard Mr.T.Lenin Kumar, learned counsel for the petitioner. 3.The petitioner is the wife and the respondent is the husband and their marriage was solemnized on 16.06.2024, according to Hindu rites and customs. Due to matrimonial dispute arose between them, they are living separately and the respondent/husband has filed H.M.O.P. No.375 of 2025 before the Family Court, Karur, seeking divorce. Seeking transfer of the above H.M.O.P. No.375 of 2025 from the file of Family Court, Karur, to the file of Family Court, Trichy, the present Transfer Civil Miscellaneous Petition has been filed.

4.Mr.T.Lenin Kumar, learned counsel for the petitioner submits that being a lady, it is very difficult for the petitioner to travel more than 2/6

160 kms., approximately up and down from Trichy to Karur, 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.375 of 2025 from the file of the Family Court, Karur to the file of Family Court, Trichy.

5.The Co-ordinate Bench of this Court, vide order dated 29.08.2025, had passed the following order:- "Notice. Private notice is also permitted.

2.Post the case on 09.09.2025. "

6.As per Office report, dated 24.11.2025, Court notice as well as the private notice has been served on the sole respondent. However, today, when the matter is being taken up, neither the respondent nor any counsel representing the respondent appear before this Court. Thus, it appears that the respondent is not interested to pursue this Transfer Civil Miscellaneous Petition.

7.Accordingly, after considering the arguments as advanced by the learned counsel for the petitioner, considering the fact that the petitioner, 3/6

being a lady, would be facing difficulty to travel about more than 160 kms approximately up and down to attend all the Court hearings before the Family Court, Karur, where the HMOP.No.375 of 2025 is pending and that she is also facing finance constraint to meet travel and incidental expenses and also considering the averments made in the affidavit filed in support of the present Transfer Civil Miscellaneous Petition, this Transfer Civil Miscellaneous Petition is allowed, as prayed for. The matrimonial case in HMOP.No.375 of 2025, pending on the file of the Family Court, Karur, is hereby ordered to be withdrawn and transferred to the file of the Family Court, Trichy. The learned Judge, Family Court, Trichy, 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, if the same is not already decided, on merits and in accordance with law, expeditiously. No costs. Consequently, connected Civil Miscellaneous Petition is closed.

8.Registry is directed to communicate this order to the learned Judge, Family Court, Karur, as well as to the learned Judge, Family 4/6

Court, Trichy, for its necessary compliance and information, within a period of 10 days from today.

Index :Yes / No 25.11.2025 Internet :Yes / No NCC :Yes / No mm To 1.The Judge, Family Court, Karur.

2.The Judge, Family Court, Trichy.

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SHAMIM AHMED, J.

mm 25.11.2025 6/6