Sathiya Priya v. S.Prabhu

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 19.08.2025 CORAM : THE HONOURABLE MR. JUSTICE P.B.BALAJI and CMP.Nos.24567 & 24568 of 2024 Sathiya Priya ...Petitioner in both CRPs. Vs. S.Prabhu ...Respondent in both CRPs. Prayer in Tr.CMP.No.1110 of 2024: Transfer Civil Miscellaneous Petition filed under Section 24 of Code of Civil Procedure to withdraw and transfer GWOP.No.18 of 2024, pending on the file of Hon'ble Principal District Judge, Tiruvallur to Hon'ble Family Court, Tiruvallur to try the above petition in accordance with law. Prayer in Tr.CMP.No.1115 of 2024: Transfer Civil Miscellaneous Petition filed under Section 24 of Code of Civil Procedure to withdraw and transfer OP.No.497 of 2023, pending on the file of Subordinate Court, Poonamallee to Hon'ble Family Court, Tiruvallur to try the above petition in accordance with law. Page No.1 of 5 In both CRP's.: For Petitioner : Mr.S.Murali Krishnan For Respondent : No Appearance COMMON ORDER The petitioner/wife seeks transfer of Guardian OP application filed by the respondent/husband in GWOP.No.18 of 2024 before the Principal District Judge, Tiruvallur and also the divorce petition filed by the petitioner/wife in OP.No.497 of 2023 before the Subordinate Court, Poonamallee, both to the file of the Family Court, Tiruvallur.

¶2In compliance with the order of this Court dated 15.07.2025, though service has been effected on the respondent by way of paper publication in Dina Thanthi Tamily Daily, Madurai edition dated

21.07.2025, there is no representation on behalf of the respondent even today. Hence, the respondent is called and set exparte.

¶3Learned counsel for the petitioner/wife submits that, the petitioner is now residing within the jurisdiction of Tiruvallur along with Page No.2 of 5 her minor child and the petitioner finds it inconvenient to travel long distance to attend the divorce proceedings before the Subordinate Court, Poonamallee. Hence, the petitioner has come forward with these transfer petitions seeking transfer of both the divorce petition as well as the guardian OP petition to the file of the Family Court, Tiruvallur, in order to avoid multiplicity of proceedings and also to avoid conflicting orders.

¶4I have heard the learned counsel for the petitioner and I have also perused the affidavits filed in support of these transfer petitions.

¶5I find that the petitioner has made out sufficient grounds for transfer of both the GWOP proceedings and the divorce OP proceedings to the file of the Family Court, Tiruvallur and accordingly, the cases in GWOP.No.18 of 2024, pending before the Principal District Judge, Tiruvallur and OP.No.497 of 2023, pending before the Subordinate Court, Poonamallee are hereby withdrawn and the same are transferred to the file of the Family Court, Tiruvallur to be tried jointly. Page No.3 of 5

¶6With the above observations and directions, these Transfer Civil miscellaneous petitions stand allowed. No costs. Consequently, the connected miscellaneous petitions are closed.

19.08.2025 skt Index : Yes / No Speaking order : Yes / No NCC : Yes / No To

¶1The Principal District Judge, Tiruvallur.

¶2The Family Court, Tiruvallur.

¶3The Subordinate Court, Poonamallee. Page No.4 of 5 TR.CMP.Nos.1110o&o1115oofo2024 Poo.B.oBALAJI,ooJ. skt TR.CMP.Nos.1110o&o1115oofo2024 and CMP.Nos.24567o&o24568oofo2024

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