P.Shanmugapriay v. M.Pandiyaraj

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.10.2025

CORAM

THE HONOURABLE MR.JUSTICE SHAMIM AHMED and C.M.P.(MD)No.14517 of 2025 P.Shanmugapriya, W/o.Pandiyaraj, No.14-H, Muppidathi Amman Koil Street, Near Flower Market, Palayamkottai, Tirunelveli District.

... Petitioner vs.

M.Pandiyaraj, S/o.Narayanan, D.No.1/35, T.Puthupati Village, Tirumangalam Taluk, Madurai District.

... Respondent PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of Code of Civil Procedure, to withdraw the H.M.O.P.No.108 of 2025 on the file of the learned Subordinate Court, Tirumangalam and transfer the same to the file of the learned Family Court, Tirunelveli. For Petitioner :Mr.A.Mohamed Haneef For Respondent :Mr.S.Prabhu ***** 1/5

O R D E R

The present Transfer Civil Miscellaneous Petition has been filed with the following prayer:

"to withdraw the case in H.M.O.P.No.108 of 2025 on the file of the Subordinate Court, Tirumangalam and transfer the same to the file of the Family Court, Tirunelveli."

2.Heard Mr.A.Mohamed Haneef, learned Counsel for the petitioner and Mr.S.Prabhu, learned Counsel for the respondent and considered their submissions.

3.The Petitioner is the wife and the Respondent is the husband and their marriage was solemnized on 24.05.2023, according to Hindu rites and customs. Due to matrimonial dispute arose between them, the Petitioner had left the matrimonial home. The Respondent/Husband had filed the above H.M.O.P.No.108 of 2025, before the Subordinate Court, Tirumangalam, against the Petitioner/Wife, for divorce on the ground of desertion and dereliction of duty as wife. But, according to the 2/5

Petitioner/Wife, she left the matrimonial home due to torture by the Petitioner and she has a female child, aged about 13⁄4 years and it is very difficult for her to travel all the way from Tirunelveli to Tirumangalam, 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.

4.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 case in H.M.O.P.No.108 of 2025, on the file of the Subordinate Court, Tirumangalam to the file of the Family Court, Tirunelveli. Hence, it is not necessary to go into the merits or otherwise of the case.

5.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 H.M.O.P.No. 108 of 2025, on the file of the Subordinate Court, Tirumangalam, is 3/5

hereby ordered to be withdrawn and transferred to the file of the Family Court, Tirunelveli. The parties are directed to appear before the Family Court, Tirunelveli, on the next date of hearing. The Family Court, Tirunelveli, is directed not to give any unnecessary 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. There is no order as to costs. Consequently, the connected Civil Miscellaneous Petition is closed.

Index :Yes / No 24.10.2025 Internet :Yes / No NCC :Yes / No cmr To 1.The Subordinate Judge, Thirumangalam.

2.The Judge, Family Court, Tirunelveli.

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SHAMIM AHMED, J.

cmr 24.10.2025 5/5