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Madras High Court

K.V.Prashanth vs M.N.Varsha on 25 April, 2025

Author: P.T. Asha

Bench: P.T. Asha

                                                                                            Tr.CMP.No.1332 of 2024

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                         Dated : 25.04.2025

                                                                  CORAM

                                        THE HONOURABLE Ms. JUSTICE P.T. ASHA

                                                    Tr.CMP.No.1332 of 2024
                                                   and CMP.No.2873 of 2024


                     K.V.Prashanth                                                          ... Petitioner
                                                                     Vs.

                     M.N.Varsha                                                             ... Respondent

                     Prayer: Transfer Petition filed under Sec.24 of CPC praying to withdraw
                     and transfer HMOP.No.4147 of 2024 on the file of I Additional Principal
                     Judge, Family Court, Chennai, to be tried with HMOP.No.4640 of 2024 on
                     the file of V Additional Principal Judge, Family Court, Chennai.


                                       For Petitioner         :        Mr.D.S.Rajasekaran
                                       For Respondent         :        Mr.M.K.Kabir, Senior Counsel
                                                                       for Ms.M.K.Padma

                                                         ORDER

The husband has filed the present transfer petition seeking to withdraw the HMOP.No.4147 of 2024 filed by the wife before the I Additional Principal Judge, Family Court, Chennai and transfer the same to the V Additional Principal Judge, Family Court, Chennai, to be tried along 1/4 https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/05/2025 03:55:38 pm ) Tr.CMP.No.1332 of 2024 with HMOP.No.4640 of 2024 filed by him.

2.According to the petitioner-husband, for no reason, the respondent-

wife had abandoned him and left the matrimonial home. She is now staying at her parent's house along with the minor child. She has filed HMOP.No.4147 of 2024 before the I Additional Principal Judge, Family Court, Chennai for dissolution of marriage. Though the petitioner-husband is willing to live jointly with his family, the respondent-wife has not obliged to it. Hence, he filed HMOP.No.4640 of 2024 before the V Additional Principal Judge, Family Court, Chennai, for restitution of conjugal rights.

He now seeks transfer of HMOP.No.4147 of 2024 to the file of V Additional Principal Judge, Family Court, Chennai, to be tried along with HMOP.No.4640 of 2024.

3. Heard the learned counsel for the petitioner. The learned Senior Counsel appearing on behalf of the respondent, on instructions, would submit that the respondent-wife has no objection in allowing the transfer petition.

2/4

https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/05/2025 03:55:38 pm ) Tr.CMP.No.1332 of 2024

4. The relief claimed is one for transfer of HMOP.No.4147 of 2024 pending on the file of I Additional Principal Judge, Family Court, Chennai to the file of V Additional Principal Judge, Family Court, Chennai, to be tried along with HMOP.No.4640 of 2024, and he respondent-wife is agreeable for the said transfer, the Tr.CMP. is disposed of and HMOP.No.4147 of 2024 pending on the file of I Additional Principal Judge, Family Court, Chennai is withdrawn and transferred to V Additional Principal Judge, Family Court, Chennai, to be tried along with HMOP.No.4640 of 2024. No costs. Consequently, connected miscellaneous petition is closed. .


                                                                                                           25.04.2025

                     Index        : Yes/No
                     Neutral Citation : Yes / No
                     ds

                     To:

1.The Judge, I Additional Principal Judge Family Court, Chennai.

2.The Judge, V Additional Principal Judge Family Court, Chennai.

3.The Section Officer VR Section, High Court, Madras.

3/4

https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/05/2025 03:55:38 pm ) Tr.CMP.No.1332 of 2024 P.T. ASHA, J, ds Tr.CMP.No.1332 of 2024 25.04.2025 4/4 https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/05/2025 03:55:38 pm )