Deepa v. K.Kumarasamy

ORDER This Transfer Civil Miscellaneous Petition has been filed to withdraw the case in H.M.O.P.No.52 of 2022 on the file of the Family Court, Nagapattinam and transfer the same to the Subordinate Court, Ambattur.

2.Heard learned counsel for the petitioner and perused the materials available on record.

3.Despite the name of the respondent printed in the cause list, there is no representation.

4.Learned counsel for the petitioner submits that the petitioner is residing at Ambattur Taluk, Tiruvallur District. The petitioner's mother is 78 years old and her son is studying in 12th Standard. Further, the petitioner is a diabetic patient, she is also suffering from various physical illness and she was advised to take complete rest for her health. She further submits that the petitioner being a lady without support, she is facing safety issues while traveling alone to the Family Court, Nagapattinam. The distance between the petitioner's residence and the Family Court, Nagapattinam is 350 kms. and it is very difficult for her to travel to attend the Court proceedings. If the above Page3 of 6 H.M.O.P. is not transferred, she will suffer irreparable hardship. Therefore, she prays to transfer the case to the Subordinate Court, Ambattur.

5.I have gone through the affidavit filed in support of the transfer petition as well. I find merit in the submissions made by the learned counsel for the petitioner.

6.Considering the facts and circumstances of the case, the submission made by the learned counsel for the petitioner and considering the fact that the petitioner is residing at Ambattur Taluk, Tiruvallur District, this Court is inclined to transfer the case on the file of the Family Court, Nagapattinam to the file of the Subordinate Court, Ambattur. Accordingly, the case in H.M.O.P.No.52 of 2022 is hereby withdrawn from the file of the Family Court, Nagapattinam and transferred to the file of the Subordinate Court, Ambattur. After receipt of the case papers from the Family Court, Nagapattinam, the Subordinate Court, Ambattur is directed to send a notice to the respondent within four weeks. After due service of notice, the Subordinate Court, Ambattur is directed to proceed with the matter in the manner known to law. Page4 of 6

7.Accordingly, this Transfer Civil Miscellaneous Petition is allowed. No costs. Consequently, connected Civil Miscellaneous Petition is closed. 25-06-2026 Index: Yes/No Speaking/Non-speaking order PAM Page5 of 6 To

1.The Family Court, Nagapattinam.

2.The Subordinate Court, Ambattur. Page6 of 6

T.V.THAMILSELVI, J. PAM TR.C.M.P.No.84 of 2026 and C.M.P.No.1996 of 2026 25-06-2026

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25-06-2026 CORAM THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI TR.C.M.P.No.84 of 2026 and C.M.P.No.1996 of 2026 Mrs.Deepa W/o.Kumarasamy, No.3/8, Maya Street, Poombhuhar Nagar, Ambattur Taluk, Thiruvallur District - 600 053. ..Petitioner(s) Vs Mr.K.Kumarasamy S/o.Kandhasamy, No.91, Perumal South Street, Near Old Bus stand, Nagapattinam, Nagapattinam Taluk and District – 611 001. ..Respondent(s) Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C., praying to withdraw the petition in H.M.O.P.No.52 of 2022 on the file of the Family Court, Nagapattinam and transfer the same to the Subordinate Court, Ambattur. For Petitioner(s): Ms.T.Santha For Respondent(s): No appearance Page2 of 6