Madras High CourtTR CMP(MD)/755/2025disposed of

Nivetha v. Vivin Prasanna

2026-02-20Honourable Mr Justice Mohammed Shaffiq7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.02.2026

CORAM:

THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ and CMP(MD).No.20425 of 2025 Nivetha ... Petitioner Vs Vivin Prasanna ... Respondent Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of Civil Procedure Code to withdraw the case on the file of the Family Court, Nagercoil, Kanyakumari District in H.M.O.P.No.581 of 2025 and transfer the same to the Learned Family Court, Ambasamudram, Tirunelveli District for trial and pass such further or other orders as this Honourable Court may deem fit and proper in the circumstances of the case and thus render justice. For Petitioner : Mr.S.Rajkumar For Respondent : Mr.C.T.Perumal 1/7

ORDER

When the matter is taken up for hearing today, learned counsel appearing for petitioner as well as learned counsel appearing for respondent had submitted a Joint Consent Memo, wherein they have expressed that H.M.O.P.No.581 of 2025 presently pending before Family Court, Nagercoil, Kanyakumari District may be transferred to Family Court, Ambasamudram, Tirunelveli District. Relevant portion of the Joint Consent Memo, is extracted herein below:-

1) The above Tr.C.M.P.(MD).No.755 of 2025 has been filed by the petitioner, wife to withdraw the case in H.M.O.P.No.581 of 2025 now pending on the file of the Family Court, Nagercoil and Transfer the same to the learned Family Court, Ambasamudram, Tirunelveli District.

2) The respondent is a native of Kanyakumari District. Tirunelveli is a common place to both the petitioner and the respondent and there is also a Family Court, which is also having Video Conferencing facility. Therefore both the petitioner and respondent hereby agrees to transfer the above H.M.O.P.No.581 of 2025 on the file of the Family Court, Nagercoil to the Family Court, Tirunelveli for trial.

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3) This Joint Memo is filed by the petitioner and the respondent, without going into the merits of the contentions raised in H.M.O.P.No.581 of 2025 on the file of the Family Court, Nagercoil and the contentions raised in the present Transfer Civil Miscellaneous Petition.

4) This Joint Memo is filed pursuant to the amicable settlement arrived at by both parties, with regard to the present Transfer Civil Miscellaneous Petition.

5) It is hereby aggrieved by both parties that they are at liberty to put forth their respective contentions in the pending H.M.O.P.No.581 of 2025 before the trial court.

2. This transfer civil miscellaneous petition stands disposed of in terms of the above Joint Consent Memo.

3. Accordingly, H.M.O.P.No.581 of 2025, pending on the file of Family Court, Nagercoil is is hereby ordered to be withdrawn and transferred to the file of Family Court, Tirunelveli.

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4. The Joint Consent Memo filed by the parties shall be treated as part and parcel of this order. No costs. Consequently, connected Miscellaneous Petition is closed.

20.02.2026 Index :yes/No Internet:yes/No rgm 4/7

To 1.The Family Court, Nagercoil, Kanyakumari District

2. The Family Court, Ambasamudram, Tirunelveli District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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MOHAMMED SHAFFIQ ,J.

rgm and CMP(MD).No.20425 of 2025 20.02.2026 7/7