Keerthika Alias Keerthi v. Senthil Murugan

ORDER This transfer petition has been filed seeking to withdraw the H.M.O.P.No.98 of 2024 from the file of Sub-Court at Bhavani, Erode District and transfer the same to the file of Sub-Court, Dharmapuri to be tried along with H.M.O.P.No.19 of 2025.

¶2Heard the learned counsel for the petitioner as well as the learned counsel for respondent.

¶3Admittedly, the petitioner and the respondent are husband and wife and the respondent/husband filed HMOP No.98 of 2024 seeking divorce, whereas, the petitioner filed HMOP No.19 of 2025 seeking restitution of conjugal rights and both the proceedings are pending in two different places.

¶4The petitioner/wife expresses inconvenience to attend the proceedings initiated by the respondent/husband before the Sub Court Bhavani, as she is compelled to travel minimum of 110 kilometres in one way to attend the said proceedings.

¶5Though Mr.P.Muthukumarasamy, learned counsel for the respondent sought for transfer of both the proceedings to the file of Sub Court, Mettur, I do Page2 of 5 not see and practical purpose being served as the distance, which would be required to travel by both is more are less the same.

¶6In the light of the above, this transfer petition is allowed with the following direction.

(I) The HMOP No.98 of 2024 is withdrawn from the file of Sub Court, Bhavani and the same is transferred to the file of Sub Court, Dharmapuri to be tried along with HMOP No.19 of 2025.

(ii) The Sub Court, Dharmapuri shall not ordinarily insist on the physical presence of the respondent/husband who shall be entitled to be represented through his counsel, except on the occasions, where the physical presence of the respondent for the purposes of chief and cross examination would be mandatory.

¶7The Sub Court, Bhavani is directed to send the entire records relating to HMOP No.98 of 2024 to the file of Dharmapuri forthwith. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. 03-07-2026 Index: Yes/No Speaking/Non-speaking order MST Page3 of 5 To

¶1The Sub Court, Bhavani.

¶2The Sub Court, Dharmapuri. Page4 of 5 TRoCMPoNo.o1013oofo2025 P.B.BALAJI,oJ. MST TRoCMPoNo.o1013oofo2025 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. 1013 of 2025 and CMP No.22683 of 2025 Keerthika alias Keerthi W/o. Senthil Murugan, Koorkampatty, Sunjalnatham Village, Pennagaram Taluk, Dharmapuri District. ..Petitioner(s) Vs Senthil Murugan S/o. Nallasamy, No.50, Pudhumariyamman Kovil, Koppan Thottam, Kettisamuthiram Colony, Anthiyur Taluk, Erode District. ..Respondent(s) Prayer: Transfer Civil Miscellaneous Petition is filed under Section 24 of CPC to withdraw the H.M.O.P.No.98 of 2024 pending before the Sub-Court at Bhavani, Erode District and transfer the same to the Sub-Court, Dharmapuri to be tried along with H.M.O.P.No.19 of 2025. For Petitioner(s): Mr. C.Prabakaran For Respondent(s): Mr.P. Muthukumaarasaamy Page1 of 5