Monisha Devi v. Ramakumar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.08.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and C.M.P(MD)No. 18611 of 2024 Mrs.Monisha Devi ... Petitioner Vs.

Ramakumar ... Respondent PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24 of Civil Procedure Code, to withdraw H.M.O.P.No.72 of 2024, on the file of the Learned Subordinate Court, Thirumayam District and to transfer the same to the Learned III Additional Subordinate Court, Ramanathapuram. For Petitioner : Mr.K.R.Laxman For Respondent : Mr.Na.Palaniyandi

ORDER

The present transfer civil miscellaneous petition is filed to transfer H.M.O.P.No.72 of 2024, on the file Learned Subordinate Court, Thirumayam District and to transfer the same to the Learned III Additional Subordinate Court, Ramanathapuram.

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2. The learned counsel appearing for the petitioner submitted that the petitioner was given an opportunity and tried to appear through video conferencing, however, she was unable to connect. It is further submitted that the respondent is required to appear in person but is facing a life threat in Ramanathapuram, and therefore, he prays for dismissal of this petition.

3. It is seen that in HMOP No. 72 of 2024, filed before the Sub Court, the personal appearance of the parties is not mandatory. Since the petitioner has already given an opportunity, it would be more appropriate for her to prosecute the matter before the Sub Court, where her personal appearance is not required.

4. Accordingly, this Transfer Civil Miscellaneous Petition stands dismissed. Since HMOP No. 72 of 2024 has been pending for more than one year, the learned Subordinate Judge, Thirumayam, is directed to complete the proceedings and pass orders within a period of six months 2/4

from the date of receipt of a copy of this order. No costs. Consequently, the connected miscellaneous petition is closed.

20.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes KSA To

1. The Subordinate Court, Thirumayam District

2. The III Additional Subordinate Court, Ramanathapuram.

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S.SRIMATHY, J., KSA 20.08.2025 4/4