Sathiya Vs Sathish Kumar — Madras HC (2026) — LawSathi Research

Sathiya Vs Sathish Kumar — Madras HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Transfer Civil Miscellaneous Petition allowed: FCOP.No.1 of 2026 withdrawn from the Family Court, Ariyalur and transferred to the file of the Subordinate Court, Thanjavur; case records to be transmitted within three weeks of receipt of the order; Subordinate Court, Thanjavur to issue notice to the respondent and proceed in accordance with law expeditiously; connected miscellaneous petition closed; no costs.

Issue for consideration

Whether the proceedings in FCOP.No.1 of 2026 pending on the file of the Family Court, Ariyalur should be withdrawn and transferred to a court at Thanjavur.

Court's answer

Considering the petitioner's submissions — residence at her native place at Thanjavur with her six-year-old child, the parties having lived separately for more than five years, and no maintenance having been paid — the Court found the reasons stated to be justifiable and inclined to allow the transfer.

Ratio / Principle

FCOP.No.1 of 2026, pending on the file of the Family Court, Ariyalur, is withdrawn and transferred to the file of the Subordinate Court, Thanjavur.

Key takeaways

The Family Court, Ariyalur is directed to transmit the case records to the Subordinate Court, Thanjavur within a period of three weeks from receipt of a copy of the order; upon receipt, the Subordinate Court, Thanjavur shall issue notice to the respondent and dispose of the matter in accordance with law as expeditiously as possible.ratio¶27

Detailed headnote1 paragraphs

Madras High Court — Hon'ble Mrs. Justice T.V. Thamilselvi — decided 05-06-2026 — TR CMP No. 211 of 2026 (with connected CMP.No.6619 of 2026). A wife-petitioner, residing at her native place at Thanjavur along with her six-year-old child, the parties having lived separately for more than five years, and stating that she had been paid no maintenance, filed a Transfer Civil Miscellaneous Petition under Section 24 of Code of Civil Procedure praying for withdrawal of FCOP.No.1 of 2026 pending on the file of the Family Court, Ariyalur and its transfer to Thanjavur. Held: the reasons stated were found justifiable and the transfer was allowed; FCOP.No.1 of 2026 was withdrawn from the file of the Family Court, Ariyalur and transferred to the file of the Subordinate Court, Thanjavur; the Family Court, Ariyalur was directed to transmit the case records to the Subordinate Court, Thanjavur within three weeks from receipt of a copy of the order; on receipt, the Subordinate Court, Thanjavur was to issue notice to the respondent and proceed with the matter in accordance with law as expeditiously as possible. Connected miscellaneous petition closed; no costs. Note: the prayer sought transfer to the 'Family Court, Thanjavur', whereas the operative order effects the transfer to the 'Subordinate Court, Thanjavur'; both are recorded here as printed. The sole respondent had not yet been served ('Service Awaited') and no counsel appeared for him.