Madras High Court
Kanmani vs Karthick on 18 June, 2025
Tr.C.M.P.No.214 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated :18.06.2025
CORAM:
THE HON'BLE MR. JUSTICE P.B. BALAJI
Tr.C.M.P.No.214 of 2025 and C.M.P.No.4117 of 2025
Kanmani .... Petitioner
vs
Karthick ... Respondent
Tr.Civil Revision Petition filed under Section 24 of Civil Procedure
Code seeking to withdraw HMOP No.489 of 2024 from the file of Family
Court at Tiruppur and transfer the same to the file of Subordinate Court,
Paramathy.
For Petitioner : Mr.G.Anbuchezheiyan
For Respondent : Mr.S.Senthil
ORDER
The present transfer petition has been filed by the petitioner/wife, who is arrayed as respondent in HMOP No.489 of 2024, seeks transfer of HMOP No.489 of 2024 from the file of Family Court, Tiruppur to Subordinate Court, Paramathy. Citing great inconvenience to attend the hearings at Tiruppur, the petitioner has come forward with transfer request. 1/5 https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/06/2025 04:57:08 pm ) Tr.C.M.P.No.214 of 2025
2. Learned counsel for the respondent/husband states that the petitioner/wife is very influential person in the locality and he is afraid to attend the hearings at Sub Court, Paramathy and therefore, seeks transfer of HMOP No.489 of 2024 to Sub Court, Namakkal.
3. Learned counsel for the petitioner vehemently denied the allegations of threats being issued to the respondent/husband. Learned counsel further states that the petitioner also initiated proceedings which are pending before Judicial Magistrate Court, Paramathy, which is being attended by the respondent/husband and therefore, no serious prejudice would be caused to the respondent/husband if HMOP No.489 of 2024 is transferred to Sub Court, Paramathy.
4. Though learned counsel for the respondent has alleged threat being issued by the petitioner and her family members and also apprehends threat to his safety if he is forced to attend hearings at Sub Court, Paramathy, the fact remains already proceedings are pending before Judicial Magistrate Court, Paramathy and the respondent/husband is admittedly attending the hearings and there has been no complaints regarding threats issued to him. 2/5 https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/06/2025 04:57:08 pm ) Tr.C.M.P.No.214 of 2025
5. Therefore, I do not find that the transfer request made by the petitioner/wife seeking transfer of HMOP No.489 of 2024 from the file of Family Court, Tiruppur to the file of Sub Court, Paramathy to be unreasonable.
6. Accordingly, Tr.C.M.P.No.214 of 2025 is allowed and HMOP No.489 of 2024 pending on the file of Family Court, Tiruppur is withdrawn and transferred to Subordinate Court, Paramathy.
7. The Family Court, Tiruppur is directed to send the entire records relating to HMOP No.489 of 2024 to Subordinate Court, Paramathy forthwith.
8. The respondent/husband's physical presence shall not be insisted upon by the Subordinate Court, Paramathy except for the hearings that is absolutely necessary and for other hearings, the respondent/husband is entitled to represent through counsel.
No costs. Consequently, connected miscellaneous petition is closed.
18.06.2025 Index: Yes/No Website:yes/no 3/5 https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/06/2025 04:57:08 pm ) Tr.C.M.P.No.214 of 2025 Speaking Order/Non-Speaking Order sr 4/5 https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/06/2025 04:57:08 pm ) Tr.C.M.P.No.214 of 2025 P.B.BALAJI.,J.
Sr To
1. The Family Court, Tiurppur
2. The Subordinate Court, Paramathy Tr.C.M.P.No.214 of 2025 18.06.2025 05.06.2025 5/5 https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/06/2025 04:57:08 pm )