Allowed

Rathika v. Balasubramaniyan

Madras HC2 Jun 2026TR CMP/1363/2025

Case brief

AI extract

What is this about?

This transfer petition under Section 24 CPC was allowed as the petitioner resided far from the trial court. The case in H.M.O.P.No.49 of 2023 was transferred from the Principal Sub Court at Tiruchirapalli to the Sub Court at Uthangarai, Krishnagiri District.

What did the court decide?

The case in H.M.O.P.No.49 of 2023 was withdrawn from the Principal Sub Court, Tiruchirapalli and transferred to the Sub Court, Uthangarai, Krishnagiri District.

Rathika Vs Balasubramaniyan — Civil Procedure and Limitation | Madras HC (2026)

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TR CMP No. 1363 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 02-06-2026

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CORAM

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THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI

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TR.C.M.P.No.1363 of 2025 and C.M.P.No.31880 of 2025

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Rathika D/o.Gnaneswaran, Door No.1-6, Pochampalli, Jambukuttapatti, Krishnagiri - 635 206.

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..Petitioner(s)

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Vs Balasubramaniyan S/o.Annadurai, Plot No.69, 70 Cauvery Garden, Phase -3, Murungapettai, Mutharasanallur, Srirangam, Tiruchirappalli - 620 101.

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..Respondent(s)

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Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil Procedure Code, 1908, praying to withdraw the case in H.M.O.P.No.49 of 2023 pending on the file of the Principal Sub Court at Tiruchirapalli and transfer the same to the Sub Court at Uthangarai, Krishnagiri District.

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For Petitioner(s): Mr.R.Jayaprakash For Respondent(s): No appearance

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ORDER

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This petition has been filed to withdraw the case in H.M.O.P.No.49 of

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2023 pending on the file of the Principal Sub Court, Tiruchirapalli and transfer

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the same to the Sub Court at Uthangarai, Krishnagiri District.

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

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TR CMP No. 1363 of 2025

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2 .Heard the learned counsel for the petitioner and perused the materials available on record.

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3.Despite name printed, there is no representation on the side of the respondent.

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4.Learned counsel for the petitioner submits that the petitioner is residing at Krishnagiri and it is very difficult for her to travel nearly about 250 Kms for each and every hearing before the Principal Sub Court at Tiruchirapalli . Therefore, the petitioner wants to transfer the case from Tiruchirapalli to Krishnagiri. He further submits that the marriage was solemnized between the petitioner and the respondent in the year 2011. But no child born to them. The petitioner and the respondent lived together nearly 8 years. After the dispute, as on date, the petitioner is living with her age old parents. Thereafter, the respondent filed a petition in H.M.O.P.No.49 of 2023 before the Principal Sub Court, Tiruchirappali seeking divorce. He further submits that the petitioner filed a petition in M.C.O.P.No.4 of 2024 and a petition in D.V.A.C.No.1 of 2024 both are pending before the Courts at Pochampalli. Therefore, he prayed that if the case is transferred to the Sub Court, Uthangarai, Krishnagiri District it would be more convenient for both the parties.

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

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TR CMP No. 1363 of 2025

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5.I have gone through the affidavit filed in support of the transfer petition

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as well. I find merit in the submissions made by the learned counsel for the petitioner.

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6.Considering the submission made by the learned counsel for the petitioner, this Court is inclined to transfer the case from the Principal Sub Court, Tiruchirapalli to the Sub Court at Uthangarai, Krishnagiri District. Accordingly, the case in H.M.O.P.No.49 of 2023 is hereby withdrawn from the file of the Principal Sub Court, Tiruchirapalli and transferred to the file of the Sub Court, Uthangarai, Krishnagiri District. After receipt of the case papers from the Principal Sub Court, Tiruchirapalli, the Sub Court, Uthangarai, Krishnagiri District is directed to send a notice to the respondent. After due service of notice, the Sub Court, Uthangarai, Krishnagiri District is directed to proceed with the matter.

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7.Accordingly, this transfer civil miscellaneous petition is allowed. No

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costs. Consequently, connected civil miscellaneous petition is closed.

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02-06-2026

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

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

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TR CMP No. 1363 of 2025

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T.V.THAMILSELVI, J.

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pam

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1.The Principal Sub Court, Tiruchirapalli

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2.The Sub Court, Uthangarai, Krishnagiri District.

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TR.C.M.P.No.1363 of 2025 and C.M.P.No.31880 of 2025

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02-06-2026

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

Rathika v. Balasubramaniyan

Case brief

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Rathika v. Balasubramaniyan

Case brief

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