✦ Madras High Court

BALAJITR CMP No. 303 of 2024andCMP No. 6097 of 2024 S. Vinodhini v. S. Karthik

P B BALAJI

Case at a glance

Outcome

Allowed

This transfer civil miscellaneous petition is allowed in above terms

Provisions considered

Key paragraphs

  • Para 55. This transfer civil miscellaneous petition is allowed in above terms. No costs. Consequently, connected miscellaneous petition is closed.17-07-2025RAPIndex: Yes/NoSpeaking/Non-speaking orderInternet: YesNeutral Citation: Yes/No https://www.mhc.tn.gov.in/judis TR CMP No. 303 of 2024To1. The Sub Court, Udumalapet 2. The II Additional Subordinate Court, Coimbatore. https://www.mhc.tn.gov.in/judis TR CMP…

Judgment

TR CMP No. 303 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 17-07-2025CORAMTHE HONOURABLE MR.JUSTICE P.B. BALAJITR CMP No. 303 of 2024andCMP No. 6097 of 2024S. VinodhiniPetitioner(s)VsS. KarthikRespondent(s)PRAYER: This transfer civil miscellaneous petition has been filed u/s 151 of Code of Civil Procedure, 1908 seeking to withdraw the proceedings in HMOP No. 178 of 2023 on the file of Sub Court, Udumalapet and transfer the same to II Additional Subordinate Judge, Coimbatore. For Petitioner(s):Mr.S. SuryaFor Respondent(s):No appearance ORDERDespite attempts to serve notice on the respondent, the respondent did not appear and hence the petitioner was permitted to effect publication in any issue of Tamil daily having circulation in Tiruppur District where the husband https://www.mhc.tn.gov.in/judis TR CMP No. 303 of 2024ordinarily resides. In compliance with the orders, the petitioner has also effected the publication in one issue of Makkal Kural, Coimbatore Edition dated 15.06.2025. The respondent is called and set ex-parte.

2.

I have heard Mr.S.Surya, learned counsel for the petitioner.

3.

The learned counsel for the petitioner states that the respondent-husband has chosen to file the proceedings before the Sub Court, Udumalapet in HMOP.No.178 of 2023. The petitioner-wife has chosen to file HMOP.No.57 of 2024 before the II Additional Subordinate Court, Coimbatore. The learned counsel for the petitioner also submits that the petitioner has to take care of her minor girl child aged six years and finding it difficult to attend the hearings before the Sub Court, Udumalapet.

4.

In any event, now there are two proceedings pending and both those matters have to be jointly tried in the interest of the parties. I am inclined to transfer the HMOP.No.178 of 2023 from the file of Sub Court, Udumalapet to https://www.mhc.tn.gov.in/judis TR CMP No. 303 of 2024the file of the II Additional Subordinate Court, Coimbatore to be jointly tried with HMOP.No.57 of 2024.

Operative part

5.

This transfer civil miscellaneous petition is allowed in above terms. No costs. Consequently, connected miscellaneous petition is closed.17-07-2025RAPIndex: Yes/NoSpeaking/Non-speaking orderInternet: YesNeutral Citation: Yes/No https://www.mhc.tn.gov.in/judis TR CMP No. 303 of 2024To1. The Sub Court, Udumalapet 2. The II Additional Subordinate Court, Coimbatore. https://www.mhc.tn.gov.in/judis TR CMP No. 303 of 2024P.B.BALAJI J.RAPTR CMP No. 303 of 2024and CMP No. 6097 of 202417-07-2025

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: This transfer civil miscellaneous petition is allowed in above terms

Which statutory provisions did this judgment involve?

Code of Civil Procedure, 1908 — s. 151.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

Why is this linked?

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