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Madras High CourtTR CMP(MD)/631/2024allowed

A.Sumathi v. M.G.Sarath Kumar

2025-10-22Honourable Mr.Justice Shamim Ahmed4 pages

TR CMP(MD) NO. 631 of 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22-10-2025

CORAM

THE HONOURABLE MR.JUSTICE SHAMIM AHMED TR CMP(MD) No. 631 of 2024 and CMP(MD) No.15183 of 2024 A.Sumathi D/o. Mr. Ashok, L and T Financial Services, No. 62, KGN towers, 5th and 6th floor, Ethiraj College Road, Egmore, Chennai - 600015. Now residing at No. 76/3, Madurai Veeran Street, Kottapattu, Trichy - 620 004. Appellant(s) Vs M.G.Sarath Kumar S/o. M. Ganesh, No. 55, Mahalakshmi Nagar 2nd Street, Muthupatti, Madurai- 625003.

Respondent(s) Prayer:

Transfer Civil Miscellaneous Petition filed under section 24 of Civil Procedure Code to withdraw the HMOP No. 295/2024 on the file of the learned Family Court, Madurai filed by the respondent herein and the same may be transferred to the court of the Learned family court, Tiruchirappalli. For Appellant(s):

Mr.B.S.Manjunath For Respondent(s):

Mr.N.Balasubramanian

ORDER

This Transfer Civil Miscellaneous Petition has been filed to withdraw the case in HMOP.No.295 of 2024, on the file of the Family Court, Madurai and transfer the same to the file of Family Court, Tiruchirappalli.

2.Heard Mr.B.S.Manjunath, learned counsel for the petitioner and Mr.N.Balasubramanian, learned counsel for the respondent. 3.The petitioner is the wife and the respondent is the husband and their marriage was solemnized on 09.12.2018, according to Hindu rites and customs. Due to matrimonial dispute arose between them, the petitioner had left the matrimonial home. The respondent/husband has filed H.M.O.P. No.295 of 2024 before the Family Court, Madurai, seeking divorce. According to the petitioner/wife, it is very difficult for her to travel all the way from Tiruchirappalli to Madurai, 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, Mr.N.Balasubramanian, learned counsel for the respondent has, on instructions from the respondent, submitted that the respondent has no

objection to transfer the HMOP.No.295 of 2024, on the file of the Family Court, Madurai to the file of Family Court, Tiruchirappalli. 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 HMOP.No.295 of 2024, on the file of the Family Court, Madurai, is hereby ordered to be withdrawn and transferred to the file of the Family Court, Tiruchirappalli. The Family Court, Tiruchirappalli 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.

22-10-2025 mm To 1.The Judge, Family Court, Madurai.

2.The Judge, Family Court, Tiruchirappalli.

SHAMIM AHMED, J.

mm TR CMP(MD) NO. 631 of 2024 22.10.2025