S.Chandhini v. I.Hari Prasad

ORDER

¶1Heard the learned counsel for the petitioner. Page2 of 4

¶2This Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure seeking withdrawal of H.M.O.P.No.56 of 2025 pending on the file of the learned Family Court, Dharmapuri, and transfer of the same to the file of the V Additional Family Court, Chennai, to try along with the M.C.No.211 of 2024.

¶3The marriage between the petitioner and the respondent was solemnized on

04.07.2019 at Hindi Prachar Sabha Thirumana Mandapam, T.Nagar, as per Hindu rites and customs. Out of their wedlock, a male child was born to them on 16.08.2020. The respondent/husband filed divorce petition in H.M.O.P.No.56 of 2025 before the Family Court, Dharmapuri.

¶4The petitioner is the wife and she is residing at Chennai. It is stated that she is taking care of a four years old child. It is further submitted that, having regard to the distance factor, it would cause hardship to the petitioner to travel and attend the proceedings at Dharmapuri. It is also submitted that the matter is at the stage of "pending".

¶5Though the respondent's name is printed in the cause list, today when the matter is taken up for hearing, there is no representation on behalf of the respondent. Page3 of 4

¶6Considering the residence of the petitioner, the distance and hardship pleaded, the responsibility of the petitioner towards the minor child and that the proceedings between the parties would be conveniently tried at the same place, this Court is satisfied that the transfer sought deserves to be ordered.

¶7Accordingly,

Tr.C.M.P.No.1117

of

2025

is

allowed. H.M.O.P.No.56 of 2025 on the file of the Family Court, Dharmapuri, is withdrawn and transferred to the file of V Additional Family Court, Chennai, to try along with M.C.No.211 of 2024 which is pending on the file V Additional Family Court, Chennai. The Family Court, Dharmapuri, shall transmit the entire records to the V Additional Family Court, Chennai, within three (3) weeks from the date of receipt of this order and the V 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 order granted by this Court on 16.10.2025 shall stand vacated and CMP.No.25235 of 2025 is closed. There shall be no order as to costs.

25.02.2026 Index : Yes/No Speaking order : Yes/No dna Page4 of 4 DR.A.D.MARIA CLETE, J dna To

1.The Family Court, Dharmapuri.

2.The V Additional Family Court, Chennai. and CMP No.25235 of 2025

25.02.2026

Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25-02-2026 CORAM THE HON'BLE DR.JUSTICE A.D.MARIA CLETE and CMP No.25235 of 2025 S.Chandhini ...Petitioner Vs. I.Hari Prasad ...Respondent Prayer in Tr.CMP: This Transfer Civil Miscellaneous Petition filed under Section 24 of Civil Procedure Code, to withdraw and to transfer the HMOP.No.56 of 2025 pending on the file of the Family Court, Dharmapuri, to the V Additional Family Court, Chennai, to try along with the M.C.No.211 of 2024. Prayer in CMP.No.25235 of 2025: To stay all further proceedings in HMOP.No.56 of 2025 pending on the file of Family Court, Dharmapuri, pending disposal of this Tr.CMP. For Petitioner : Mr.S.P.S.Buddhan For Respondent : No appearance