Judgment · High Court
Case at a glance
Outcome
Allowed
Accordingly, this transfer civil miscellaneous petition is allowed
Provisions considered
Key paragraphs
- Para 77. In view of the above and also considering the submissions made by the learned counsel for the petitioner/wife, there can be no Page 3 of 7 https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.943 of 2024impediment for allowing this petition as prayed for. Accordingly, this transfer civil miscellaneous petition is…
Judgment
Tr.C.M.P.No.943 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 10-09-2025CORAMTHE HONOURABLE MR.JUSTICE M.JOTHIRAMANTR CMP No.943 of 2024and CMP No.20567 of 2024P.DharaniD/o.N.V.Krishna, Pournami Nagar 3rd Street, Thiruvannamalai and District 606 603Petitioner(s)VsM.PrakashS/o.J.Manohar Door No.20, Krishna Nagar 1st StreetPeravallur, Chennai 082Respondent(s)Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C. to withdraw H.M.O.P.No.1817 of 2024 from the file of the VI Additional Family Court, Chennai and transfer the same to the file of the Family Court, Thiruvannamalai. Page 1 of 7 https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.943 of 2024 For Petitioner(s):For Respondent(s):Mr.G.BalamanikandanM.Prakash - remained absentORDERThis petition has been filed to withdraw H.M.O.P.No.1817 of 2024 from the file of the VI Additional Family Court, Chennai and transfer the same to the file of the Family Court, Thiruvannamalai.
Heard Mr.G.Balamanikandan, learned counsel for the petitioner.
The learned counsel appearing for the petitioner would submit that the respondent has not chosen to enter appearance before this Court despite service of notice.
It is seen that service of notice has been completed on the respondent and the name of the respondent is also printed in the cause list Page 2 of 7 https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.943 of 2024today. The respondent was called absent and set ex parte.
The learned counsel appearing for the petitioner would submit that the respondent/husband filed a petition for restitution of conjugal rights before the VI Additional Family Court, Chennai and the same is pending in H.M.O.P.No.1817 of 2024. The petitioner/wife is living in her parental home along with her three school going children at Tiruvannamalai. In such circumstances, it is very difficult for her to travel from Tiruvannamalai to Chennai for attending each and every hearing of the case. Therefore, the case in H.M.O.P.No.1817 of 2024 may be withdrawn from the file of the VI Additional Family Court, Chennai and transferred to the file of the Family Court, Thiruvannamalai.
I have gone through the affidavit filed in support this petition and I find merit in the submissions made by the learned counsel for the petitioner/wife.
Operative part
In view of the above and also considering the submissions made by the learned counsel for the petitioner/wife, there can be no Page 3 of 7 https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.943 of 2024impediment for allowing this petition as prayed for. Accordingly, this transfer civil miscellaneous petition is allowed. The case in H.M.O.P.No.1817 of 2024 is hereby withdrawn from the file of the VI Additional Family Court, Chennai and transferred to the file of the Family Court, Thiruvannamalai. No costs. Connected C.M.P. is closed.10-09-2025nsdIndex: Yes/NoSpeaking/Non-speaking orderInternet: Yes; Neutral Citation: Yes/NoPage 4 of 7 https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.943 of 2024To1.The VI Additional Family Judge, Chennai. 2. The Judge, Family Court, Thiruvannamalai. Page 5 of 7 https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.943 of 2024M.JOTHIRAMAN J.nsdTr.C.M.P.No.943 of 2024 Page 6 of 7 https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.943 of 202410.09.2025Page 7 of 7
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, this transfer civil miscellaneous petition is allowed
Which statutory provisions did this judgment involve?
Code of Civil Procedure, 1908 — s. 24.
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.