Umesha v. Sathiyanarayanan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.11.2025

CORAM

THE HONOURABLE MR.JUSTICE SHAMIM AHMED TR.C.M.P.(MD)No.555 of 2025 and C.M.P.(MD)No.15377 of 2025 Umesha, W/o.Sathyanarayanan, Door No.11/3, Prabhu Nagar, Ayyanar Koil Kadu, Maraveni, Kannankurichi, District 636 008.

Now Residing at Door No.96, Nakkiran Street, Sivaganga Road, Madurai 625 020.

... Petitioner vs.

Sathiyanarayanan, S/o. Ravinderan, Door No.39B, Thiru.Vi.Ka.Nagar 1st Street, Kankeyam, Thiruppur 638 701.

... Respondent PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of Code of Civil Procedure to pass an order to withdraw and transfer the case in H.M.O.P.No.489 of 2025 on the file of the Family Court, District to Family Court, Madurai forthwith.

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For Petitioner :Mr.G.Vijaya Prabhakaran For Respondent :Mr.S.Prasanth *****

O R D E R

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

"to pass an order to withdraw and transfer the case in H.M.O.P.No.489 of 2025 on the file of the Family Court, District to Family Court, Madurai forthwith." 2.Heard Mr.G.Vijaya Prabhakaran, learned Counsel for the petitioner and Mr.S.Prasanth, learned Counsel for the respondent. 3.The Petitioner is the wife and the Respondent is the husband and their marriage was solemnized on 09.09.2022, 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 case in H.M.O.P.No.489 of 2025, before the Family Court, , against the Petitioner/Wife, for divorce. Seeking transfer of the above case in H.M.O.P.No.489 of 2025 from the file of Family Court, 2/6

Salem District, to the file of the Family Court, Madurai, the present Transfer Civil Miscellaneous Petition has been filed. 4.Mr.G.Vijaya Prabhakaran, learned Counsel for the petitioner submits that being a lady, it is very difficult for the petitioner to travel more than 500 kms., approximately up and down from Madurai to Salem, 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 H.M.O.P.No..489 of 2025 from the file of the Family Court, Salem, to the file of the Family Court, Madurai. 5.Mr.S.Prasanth, learned Counsel for the respondent has made objections to the submissions made by the learned Counsel for the petitioner and to transfer the case filed by the respondent in H.M.O.P.No. 489 of 2025, as prayed for by the petitioner, as it is also equally inconvenience for the respondent to attend all the Court hearings before the Court, to which, the case filed by him, is now sought to be transferred by the petitioner.

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6.Accordingly, after considering the arguments as advanced by the learned Counsel for the parties, considering the fact that the petitioner, being a lady, would be facing difficulty to travel about more than 500 kms., approximately up and down to attend all the Court hearings before the Family Court, Salem, where H.M.O.P.No.489 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 case in H.M.O.P.No.489 of 2025, on the file of the Family Court, Salem, is hereby ordered to be withdrawn and transferred to the file of 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.

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7.Registry is directed to communicate this order to the learned Judge, Family Court, Salem, 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 21.11.2025 Internet :Yes / No NCC :Yes / No cmr To 1.The Judge, Family Court, Salem District .

2.The Judge, Family Court, Madurai.

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SHAMIM AHMED, J.

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