Madras High Court
K.Balasubramani vs / on 11 September, 2025
Tr.C.M.P.No.1219 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated:11.09.2025
Coram:
THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN
Tr.C.M.P.No.1219 of 2024
and
C.M.P.No.26648 of 2024
K.Balasubramani,
S/o Kanniappan,
No.8, Anbazhagan Street,
Anna Nagar, Pammal,
Kancheepuram, Tamil Nadu 600 075. ..Petitioner/Respondent
/versus/
Smt.S.Jayanthi, F/28 years,
S/o K.Subramani,
Formerly resided at
13-1-14A, Arunachala Nagar,
Thadicombu,
Dindigul West 624 709,
Presently at
Flat No.160E, Siradi Sai Nagar,
Land Mark, Shanmugavel Mills Pvt.Ltd.,
Thadicombu, Dindigul. ..Respondent/Petitioner
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Tr.C.M.P.No.1219 of 2024
Transfer Civil Miscellaneous Petition has been filed under Section 24
of C.P.C., to withdraw and transfer the HMOP.No.322 of 2024 pending on
the file of District Family Court, Dindigul to the Sub Court, Alandur to be
tried with H.M.O.P.No.354 of 2024.
For Petitioner :Mr.G.V.Sridharan
------
ORDER
This Transfer Civil Miscellaneous Petition has been filed to withdraw
and transfer the H.M.O.P.No.322 of 2024 pending on the file of District
Family Court, Dindigul to the Sub Court, Alandur to be tried with
H.M.O.P.No.354 of 2024.
2. The learned counsel appearing for the petitioner would submit that
the petitioner has filed a petition in H.M.O.P.No.354 of 2024 on the file of
the Sub Court, Alandur for divorce. After filing this petition, the
respondent/wife filed a petition in H.M.O.P.No.322 of 2024 before the
Family Court, Dindigul, for the relief of restitution of conjugal rights only to
harass and give mental agony to the petitoner and the same is posted for
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issuing fresh summons to the respondent. He further submitted that the aged
parents of the petitioner are living with the petitioner at Chennai and it is not
possible for him to go to Dindigul for every hearing, which is more than 300
km., from Chennai. The learned counsel further argued that the respondent is
working in the Logistics Company at Chennai and drawing the salary of
Rs.15,000/- per month and the same has been stated in the affidavit of the
petitioner. Therefore, he prays to withdraw and transfer the case in
H.M.O.P.No.322 of 2024 pending on the file of the Family Court, Dindigul
to the Sub Court, Alandur to be tried with H.M.O.P.No.354 of 2024.
3.The learned counsel for the petitioner also would submit that the
respondent has not chosen to enter appearance, despite service of Court
notice. I find that the service of notice has been completed on the respondent
and though the name of the respondent is also printed in the cause list for list
of today's case, she did not choose to appear before this Court. Hence, the
respondent called absent and set exparte.
4.It is setted that if two petitions are filed under Hindu Marriage Act,
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1955, one is for divorce and another case for restitution of conjugal rights, in
order to avoid conflicting decisions. It is expedient that with the cases are
decided one after the other, the arguments should be heard separately and
thereafter separate judgment should be delivered on one day [(2010) 15 SCC
354) Ajay Lawania vs. Shobhana Dubey].
5.It is relevant to mention that the purpose of Section 24 of C.P.C., is
merely to confer on the Court discretionary power. Section 24 of C.P.C.,
does not prescribe any ground for ordering the transfer of a case. The Court
must act judicially in ordering transfer [2009(3) SCC 130, Jitendra Singh v.
Bhanu Kamari and others].
6.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.
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7. In view of the above submission made by the learned counsel
appearing for the petitioner, there can be no impediment for allowing this
petition as prayed for.
8. Accordingly, this Transfer Civil Miscellaneous Petition is allowed.
The case in H.M.O.P.No.322 of 2024 is hereby withdrawn from the file of
the District Family Court, Dindigul and transferred to the file of the Sub
Court, Alandur to be tried along with H.M.O.P.NO.354 of 2024. No costs.
Connected C.M.P. is closed.
11.09.2025
Index:yes/no
Speaking order/non speaking order
ari
To
1.The District Family Court, Dindigul.
2.The Sub Court, Alandur.
M.JOTHIRAMAN,J.
ari
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and
11.09.2025
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