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Madras High CourtTR CMP(MD)/563/2025disposed of

D.K.Sri Subarnaa v. R.Dhinakaran

2025-11-26Honourable Mr.Justice Shamim Ahmed6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.11.2025 THE HONOURABLE MR.JUSTICE SHAMIM AHMED and C.M.P.(MD)No.15450 of 2025 D.K.Sri Subarnaa D/o.Kanagaraj W/o.Dhinakaran No.66A Navalar Nagar 3rd Street S.S.Colony Arasaradi Post Madurai - 625 010.

... Petitioner vs.

R.Dhinakaran S/o.Ramasubramanian No.1 Kannadasan 2nd Street S.S.Colony Madurai - 625 016.

Now residing at C2 Vetrivel Flat 12th Cross Street Thandeeswaram Velacherry Chennai - 600 042.

... Respondent 1/6

PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of Code of Civil Procedure to withdraw the case in H.M.O.P.No.450 of 2025 pending on the file of the Learned Subordinate Judge, Alandur and transfer the same to the Learned Family Court, Madurai or any other competent court in Madurai within the time stipulated by this Court. For Petitioner :Mr.P.Gopinath For Respondent :Mr.A.K.Nagarajan for Mr.T.K.Gopalan

O R D E R

This Transfer Civil Miscellaneous Petition has been filed to withdraw the case in HMOP.No.450 of 2025, on the file of the learned Subordinate Judge, Alandur, and transfer the same to the file of Family Court, Madurai.

2.Heard Mr.P.Gopinath, learned counsel for the petitioner and Mr.A.K.Nagarajan, learned counsel representing Mr.T.K.Gopalan, learned counsel for the respondent.

3.The petitioner is the wife and the respondent is the husband and their marriage was solemnized on 09.06.2023, according to Hindu rites 2/6

and customs. Due to the matrimonial dispute arose between them, the the respondent/husband has filed HMOP.No.450 of 2025 before the Subordinate Court, Alandur, seeking divorce and the petitioner/wife has filed HMOP.No.1262 of 2025 before the Family Court, Madurai, seeking restitution of conjugal rights. Seeking transfer of the above HMOP.No. 450 of 2025 from the file of Subordinate Court, Alandur, to the file of Family Court, Madurai, the present Transfer Civil Miscellaneous Petition has been filed.

4.Mr.P.Gopinath, learned counsel for the petitioner submits that being a lady, it is very difficult for the petitioner to travel more than 800 kms., approximately up and down from Madurai to Alandur, 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.450 of 2025 from the file of the Subordinate Court, Alandur, to the file of Family Court, Madurai. 5.During the course of arguments, Mr.A.K.Nagarajan, learned counsel representing Mr.T.K.Gopalan, learned counsel for the respondent 3/6

has, on instructions from the respondent, submitted that the respondent has no objection to transfer the HMOP.No.450 of 2025 pending on the file of the Subordinate Court, Alandur, to the file of Family Court, Madurai. 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.450 of 2025, on the file of the Subordinate Court, Alandur, is hereby ordered to be withdrawn and transferred to the file of the Family Court, Madurai. The learned Judge, Family Court, Madurai, 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. 4/6

7.Registry is directed to communicate this order to the learned Subordinate Judge, Alandur, as well as to the learned Judge, Family Court, Madurai, for its necessary compliance and information, within a period of 10 days from today.

Index :Yes / No 26.11.2025 Internet :Yes / No NCC :Yes / No mm To 1.The Subordinate Judge, Alandur.

2.The Judge, Family Court, Madurai.

5/6

SHAMIM AHMED, J.

mm 26.11.2025 6/6