Allowed¶30

G.Sathiyapriya v. B.Krishnamoorthy

Madras HC16 Jun 2026TR CMP/465/2025

Case brief

AI extract

What is this about?

TR.C.M.P.No.465 of 2025 and C.M.P.No.10948 of 2025; Madras High Court; Justice T.V.Thamilselvi; dated 16-06-2026; Section 24 CPC transfer petition; matrimonial transfer H.M.O.P.No.23 of 2025; Subordinate Court Omalur Salem District to Family Court Cuddalore; petitioner G.Sathiyapriya (wife, aged 47, Koothapakkam Cuddalore); respondent B.Krishnamoorthy; 230 km distance hardship; harassment allegation; notice within four weeks; no costs; transfer allowed.

What did the court decide?

H.M.O.P.No.23 of 2025 withdrawn from the Subordinate Court, Omalur, Salem District and transferred to the Family Court, Cuddalore; Family Court, Cuddalore to serve notice on the respondent within four weeks of receipt of case papers and thereafter proceed in accordance with law; no costs; connected civil miscellaneous petition (C.M.P.No.10948 of 2025) closed.

G.Sathiyapriya Vs B.Krishnamoorthy — Madras HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

¶30

Issue for consideration

Whether the case in H.M.O.P.No.23 of 2025 should be withdrawn from the file of the Subordinate Court, Omalur, Salem District and transferred to the file of the Family Court, Cuddalore.

¶18

Court's answer

On reading the affidavit filed in support of the transfer petition, the Court found merit in the submissions made by learned counsel for the petitioner.

¶25

Ratio / Principle

Considering the facts and circumstances, the petitioner's submissions, and the fact that the petitioner is aged 47 years, the Court was inclined to allow the transfer sought.

¶26

Key takeaways

The case in H.M.O.P.No.23 of 2025 was withdrawn from the file of the Subordinate Court, Omalur, Salem District and transferred to the file of the Family Court, Cuddalore.ratio¶26
Upon receipt of the case papers, the Family Court, Cuddalore is directed to send notice to the respondent within four weeks and, after due service of notice, proceed with the matter in the manner known to law.ratio¶26

Detailed headnote1 paragraphs

Transfer Civil Miscellaneous Petition under Section 24 of C.P.C. allowed by the Madras High Court (T.V.Thamilselvi, J.). H.M.O.P.No.23 of 2025, pending before the Subordinate Court, Omalur, Salem District, was withdrawn and transferred to the Family Court, Cuddalore. The Court accepted the petitioner-wife's case that, being 47 years old and residing at Koothapakkam, Cuddalore, she would face hardship attending hearings about 230 kms away at Omalur. The Family Court, Cuddalore was directed to issue notice to the respondent within four weeks of receipt of case papers and thereafter proceed in the manner known to law. No costs; connected C.M.P.No.10948 of 2025 closed.

¶1

TR CMP No. 465 of 2025

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED: 16-06-2026

¶4

CORAM

¶5

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

¶6

TR.C.M.P.No.465 of 2025 and C.M.P.No.10948 of 2025

¶7

G.Sathiyapriya W/o. B.Krishnamoorthy, P.No. 4, Vijayalakshmi Nagar, Shanmuga Nagar (Via), Koothapakkam, Cuddalore- 607 002.

¶8

..Petitioner(s)

¶9

¶10

B.Krishnamoorthy S/o. Balakrishnan, TEH-2/140, Pudukottai Street, Omalur, Near School, Dharapuram, Poosaripatti, Salem- 636 305.

¶11

..Respondent(s)

¶12

Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C., praying to withdraw the H.M.O.P.No.23 of 2025 pending on the file of the Subordinate Court at Omalur, Salem District and transfer the same to the Family Court at Cuddalore.

¶13

For Petitioner(s): Mr.S.Manivasagam For Respondent(s): Tapal not yet return either served or unserved

¶14

__________ Page1 of 6

¶15

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

¶16

TR CMP No. 465 of 2025

¶17

ORDER

¶18

This transfer civil miscellaneous petition has been filed to withdraw the case in H.M.O.P.No.23 of 2025 on the file of the Subordinate Court, Omalur, Salem District and transfer the same to the Family Court, Cuddalore.

¶19

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

¶20

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

¶21

4.Learned counsel for the petitioner submits that the respondent filed a petition in H.M.O.P.No.23 of 2025 before the Subordinate Court, Omalur, Salem District only to harass the petitioner. The petitioner is 47 years old and residing at Koothapakkam, Cuddalore. The distance between the petitioner’s residence and the Subordinate Court, Omalur, Salem District is 230 kms. and it is very difficult for her to attend each and every hearing before the Subordinate Court, Omalur, Salem District. He further submits that if the case is not transferred to Family Cuddalore, she will suffer irreparable loss and hardship. Therefore, he prays to transfer the case to the Family Court, Cuddalore.

¶22

__________ Page2 of 6

¶23

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

¶24

TR CMP No. 465 of 2025

¶25

5.I have gone through the affidavit filed in support of the transfer petition as well. I find merit in the submissions made by the learned counsel for the petitioner.

¶26

6.Considering the facts and circumstances of the case, the submissions made by the learned counsel for the petitioner and considering the fact that the petitioner is aged 47 years, this Court is inclined to transfer the case on the file of the Subordinate Court, Omalur, Salem District to the file of the Family Court, Cuddalore. Accordingly, the case in H.M.O.P.No.23 of 2025 is hereby withdrawn from the file of the Subordinate Court, Omalur, Salem District and transferred to the file of the Family Court, Cuddalore. After receipt of the case papers from the Subordinate Court, Omalur, Salem District, the Family Court, Cuddalore is directed to send a notice to the respondent within four weeks. After due service of notice, the Family Court, Cuddalore is directed to proceed with the matter in the manner known to law.

¶27

__________ Page3 of 6

¶28

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

¶29

TR CMP No. 465 of 2025

¶30

7.Accordingly, this transfer civil miscellaneous petition is allowed.

¶31

No costs. Consequently, connected civil miscellaneous petition is closed.

¶32

16-06-2026