Sathya Alias Sathyalakshmi v. Balakrishnan

ORDER Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent. Page1 of 5

¶2The petitioner is wife and she seeks transfer of HMOP No.69 of 2025 pending on the file of Family Court, Pudukottai to be jointly tried along with HMOP No.69 of 2025 pending on the file of Family Court, Salem.

¶3The petitioner sought for divorce in HMOP No.69 of 2025 on the file of Family Court, Salem, whereas, the respondent sought for restitution of conjugal rights in HMOP No.69 of 2025 on the file of Family Court, Pudukottai.

¶4The petitioner, stating that she is working as a teacher and also has the additional obligation to take care of her Standard XII minor, expresses difficulties and inconvenience to attend the proceedings before the Family Court, Pudukottai and seeks transfer of the proceedings filed by the respondent to the file of Family Court Salem to be tried along with the proceedings filed by her seeking divorce.

¶5The learned counsel for the respondent states that the respondent has a disabled brother, who has to be taken care of by him at Pudukottai and it would be difficult for the respondent to attend the proceedings pending before Sub Court, Salem and hence, he seeks for both the matters being transferred and placed before the court in between Salem and Pudukkottai. Page2 of 5

¶6Having considering the submission made by either side, I find that the respondent/husband's interest can be sufficiently protected, even if the proceedings pending on the file of Family Court, Pudukottai are transferred to the file of Family Court, Salem to be tried along with HMOP No.69 of 2025, by issuing suitable directions regarding physical presence of the respondent/ husband. It would not be convenient to both the petitioner and the respondent, if the two proceedings are transferred to the court in between Salem and Pudukottai.

¶7Considering the fact that the petitioner is employed as a teacher and also has custody of a minor son, pursuing 12th standard, I am inclined to allow this petition with the following directions.

i) The proceedings in HMOP No.69 of 2025 is withdrawn from the file of Family Court, Pudukottai and the same is transferred to the file of Family Court, Salem to be jointly tried along with HMOP No.69 of 2025.

ii) The Family Court, Salem, shall not insist on the physical presence of the respondent/husband on all hearings, except where the presence of the respondent/husband would be absolutely necessary say for the purpose of recording his evidence, in chief and cross.

iii) The respondent/husband shall be entitled to be represented by his counsel before the Family Court, Salem. Page3 of 5

¶8The Family Court, Pudukottai is directed to send the entire records relating to HMOP No.69 of 2025 to the file of Family Court, Salem forthwith. There shall be no order as to costs. Connected miscellaneous petition is closed. 03-07-2026 Index: Yes/No Speaking/Non-speaking order MST To

¶1The Family Court, Pudukottai.

¶2The Family Court, Salem. Page4 of 5 TRoCMPoNo.o1004oofo2025 P.B.BALAJI,oJ. MST TRoCMPoNo.o1004oofo2025 03-07-2026 Page5oofo5

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 03-07-2026 CORAM THE HON'BLE MR.JUSTICE P.B. BALAJI TR CMP No. 1004 of 2025 and CMP No.22555 of 2025 Sathya alias Sathyalakshmi W/o. Balakrishnan, D/o. Krishnamoorthy Iyer, Res. at 165-A, 2nd Agraharam, Salem - 636 001. ..Petitioner(s) Vs Balakrishnan, S/o. Sundaram. Res. at 2881, Pallavan Kulam, Vadakarai, Pudukottai 622 001. ..Respondent(s) Prayer: Transfer Civil Miscellaneous Petition is filed to withdraw HMOP No.69 of 2025 from the file of the Family Court, Pudukottai and transfer the same to the file of the Family Court, Salem to try along with HMOP 69 of 2025. For Petitioner(s): Mr. V.Sekari For Respondent(s): Mr.D.Prasanna for M/s.P.V.S.Giridhar Associates