Keerthana Nitish Vs Nitish Sethu Venkatesan

This Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure seeking withdrawal of H.M.O.P. No.751 of 2025 pending on the file of the Subordinate Court, Alandur, and transfer of the same to the file of the Family Court, Coimbatore.

__________ Page2 of 6

TR CMP No. 49 of 2026

no representation on behalf of the respondent.

The husband has filed the above H.M.O.P. seeking restitution of conjugal rights. The petitioner/wife is stated to be residing at Coimbatore along with the minor child.

It is the case of the petitioner that the petitioner is residing at Coimbatore along with minor child and she has to travel about 1000 Km for every posting, which is causing undue hardship. The petitioner is required to undertake repeated travel with no dependable escord/support. Further, the petitioner is not in a position to travel alone and the travel itself is onerous and unsafe.

The fact that the petitioner is residing with the minor child is a relevant consideration and the Court cannot insist on repeated causing avoidable hardship. The petitioner’s care giving responsibilities and the need to attend the Court on multiple occasions weigh in favour of transfer. Having regard to the residence of the petitioner with the minor child and the attendant hardship, this Court is satisfied that the prayer for transfer deserves acceptance.

Page3 of 6

TR CMP No. 49 of 2026

Accordingly, TR.C.M.P. No.49 of 2026 is allowed and H.M.O.P. No.751 of 2025 pending on the file of the Subordinate Court, Alandur is withdrawn and transferred to the file of the Family Court, Coimbatore, for disposal in accordance with law. The Subordinate Court, Alandur shall transmit the entire records to the Family Court, Coimbatore expeditiously, preferably within four weeks from the date of receipt of a copy of this order. The transferee Court shall thereafter issue notice to both parties and proceed in accordance with law. Consequently, C.M.P. No.1208 of 2026 is closed. No costs.

19-02-2026

¶39

Index: Yes/No