L.Swetha Sri v. R.K.Aravind

ORDER Heard.

¶1This Transfer Civil Miscellaneous Petition is filed under section 24 of CPC seeking to withdraw the H.M.O.P No.482 of 2025 pending on the file of Sub Court Ambattur and transfer the same to the I Additional Family Court at Chennai to try along with HMOP No.3668 of 2024.

¶2The petitioner is the wife. The respondent is the husband. The marriage between the parties was solemnized on 06.06.2019 at SW Thirumana Mahal, Krishnagiri District according to Hindu rites and customs and out of the wedlock a male child is born on 21.02.2021.

¶3The respondent husband has filed HMOP 3668 of 2024 before I Additional Family Court, Chennai seeking divorce. The petitioner wife has also filed HMOP No.482 of 2025 on the file of the Sub Court, Ambattur, for restitution of conjugal rights.

¶4The case of the petitioner is that she is working as Junior Associate in State Bank of India, at Chennai. For the sake of convenience, the petitioner has filed this transfer petition, seeking transfer of HMOP No.482 of 2025 filed by her before the Sub Court Ambattur to the I Page3 of 6 Additional Family Court at Chennai, where the HMOP No.3668 of 2024 filed by the respondent-husband is pending.

¶5The learned counsel for the respondent has not raised any serious objection to allow this transfer petition.

¶6Having regard to the submission made by the learned counsel on either side and in order to avoid conflicting decisions from two different Courts in respect of same matrimonial dispute between the same parties, this Court is of the view that the ends of justice would be met by allowing this petition.

¶7Accordingly, Tr.C.M.P.No.1097 of 2025 is allowed. H.M.O.P No.482 of 2025 on the file of Sub Court Ambattur is withdrawn and transferred to the file of the I Additional Family Court at Chennai. The Sub Court, Ambattur shall transmit the entire records to the I Additional family Court at Chennai, within a period of three weeks from the date of receipt of a copy of this order and the I Additional Family Court, Chennai shall dispose of the matter in accordance with law, as expeditiously as possible, uninfluenced by any observations made in this order. Interim stay granted by this Court on 15.10.2025 shall stand vacated and CMP NO. 24841 of 2025 is closed. There shall be no order as to costs. 05-02-2026 Index: Yes/No Speaking/Non-speaking order SHL Page4 of 6 To

¶1The Sub Court Ambattur

¶2The I Additional Family Court at Chennai TRoCMPoNo.o1097oofo2025 DR.A.D.MARIAoCLETEoJ. SHL TRoCMPoNo.o1097oofo2025 AND CMPoNO.o24841oOFo2025 05-02-2026 Page5oofo6 Page6 of 6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 05-02-2026 CORAM THE HON'BLE DR.JUSTICE A.D.MARIA CLETE and CMP NO. 24841 of 2025 L.Swetha Sri ..Petitioner Vs R.K.Aravind ..Respondent Prayer in TR CMP No. 1097 of 2025: Petition filed under section 24 of CPC to withdraw the H.M.O.P No.482 of 2025 pending on the file of Sub Court Ambattur and transfer the same to the learned I Additional Family Court at Chennai to try along with HMOP No.3668 of 2024 and pass such order or other orders as this Honble Court may deem fit and proper and thus render justice. Prayer in CMP No. 24841 of 2025: Petition to stay all further proceedings in H.M.O.P No.482 of 2025 pending on the file of Sub Court Ambattur pending disposal of the present Transfer Civil Miscellaneous Petition and thus render justice. Page2 of 6 For Petitioner: P.Chandrasekar For Respondent(s): Ms.T.Surekha