S. Vinodhini Vs S. Karthik — Madras HC (2025) — LawSathi Research

S. Vinodhini Vs S. Karthik — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

HMOP No. 178 of 2023 transferred from the Sub Court, Udumalapet to the II Additional Subordinate Court, Coimbatore for joint trial with HMOP No. 57 of 2024; no costs; connected miscellaneous petition closed

Issue for consideration

Whether the proceedings in HMOP No. 178 of 2023 pending before the Sub Court, Udumalapet should be withdrawn from that Court and transferred to the II Additional Subordinate Judge, Coimbatore. +1 more

Court's answer

HMOP.No.178 of 2023 was ordered to be transferred from the file of the Sub Court, Udumalapet to the file of the II Additional Subordinate Court, Coimbatore, to be jointly tried with HMOP.No.57 of 2024.

Ratio / Principle

Since there were two proceedings pending, both matters had to be jointly tried in the interest of the parties, and the Court was inclined to transfer HMOP.No.178 of 2023.

Key takeaways

The transfer civil miscellaneous petition is allowed, with no costs awarded, and the connected miscellaneous petition is closed.ratio¶¶37

Detailed headnote1 paragraphs

Madras High Court, single-Judge bench (Honourable Mr. Justice P.B. Balaji), order dated 17-07-2025 in TR CMP No. 303 of 2024 (and connected CMP No. 6097 of 2024). Filed u/s 151 of the Code of Civil Procedure, 1908, the petitioner-wife S. Vinodhini sought withdrawal of the proceedings in HMOP No. 178 of 2023, instituted by the respondent-husband S. Karthik before the Sub Court, Udumalapet, and their transfer to the II Additional Subordinate Judge, Coimbatore, where she had herself filed HMOP No. 57 of 2024. Notice to the respondent could not be served despite attempts; on substituted publication in Makkal Kural, Coimbatore Edition dated 15.06.2025, the respondent was called absent and set ex-parte. Learned counsel for the petitioner further submitted that she has to take care of her minor girl child aged six years and found it difficult to attend hearings at the Sub Court, Udumalapet. Holding that, with two proceedings pending, both matters had to be jointly tried in the interest of the parties, the Court transferred HMOP No. 178 of 2023 from the file of the Sub Court, Udumalapet to the file of the II Additional Subordinate Court, Coimbatore, to be jointly tried with HMOP No. 57 of 2024. The transfer civil miscellaneous petition was allowed with no costs, and the connected miscellaneous petition was closed.

TR CMP No. 303 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-07-2025

CORAM

THE HONOURABLE MR.JUSTICE P.B. BALAJI

TR CMP No. 303 of 2024 and

CMP No. 6097 of 2024

S. Vinodhini

Petitioner(s)

Vs

S. Karthik

Respondent(s)

PRAYER: This transfer civil miscellaneous petition has been filed u/s 151 of Code of Civil Procedure, 1908 seeking to withdraw the proceedings in HMOP No. 178 of 2023 on the file of Sub Court, Udumalapet and transfer the same to II Additional Subordinate Judge, Coimbatore.

For Petitioner(s): Mr.S. Surya For Respondent(s): No appearance

ORDER

Despite attempts to serve notice on the respondent, the respondent did not

appear and hence the petitioner was permitted to effect publication in any issue

of Tamil daily having circulation in Tiruppur District where the husband

https://www.mhc.tn.gov.in/judis

TR CMP No. 303 of 2024

ordinarily resides. In compliance with the orders, the petitioner has also effected

the publication in one issue of Makkal Kural, Coimbatore Edition dated

15.06.2025. The respondent is called and set ex-parte.

I have heard Mr.S.Surya, learned counsel for the petitioner.

The learned counsel for the petitioner states that the respondent-

husband has chosen to file the proceedings before the Sub Court, Udumalapet in

HMOP.No.178 of 2023. The petitioner-wife has chosen to file HMOP.No.57 of

2024 before the II Additional Subordinate Court, Coimbatore. The learned counsel for the petitioner also submits that the petitioner has to take care of her

minor girl child aged six years and finding it difficult to attend the hearings before the Sub Court, Udumalapet.

In any event, now there are two proceedings pending and both those

matters have to be jointly tried in the interest of the parties. I am inclined to

transfer the HMOP.No.178 of 2023 from the file of Sub Court, Udumalapet to

https://www.mhc.tn.gov.in/judis

TR CMP No. 303 of 2024

the file of the II Additional Subordinate Court, Coimbatore to be jointly tried

with HMOP.No.57 of 2024.

This transfer civil miscellaneous petition is allowed in above terms. No

costs. Consequently, connected miscellaneous petition is closed.

17-07-2025

RAP

Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No

https://www.mhc.tn.gov.in/judis

TR CMP No. 303 of 2024

To

The Sub Court, Udumalapet

The II Additional Subordinate Court,

Coimbatore.

https://www.mhc.tn.gov.in/judis

TR CMP No. 303 of 2024

P.B.BALAJI J.

RAP

TR CMP No. 303 of 2024 and CMP No. 6097 of 2024

17-07-2025

https://www.mhc.tn.gov.in/judis