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K.Shanmugavelu Vs J.Yashoda — Madras HC (2026) — LawSathi Research

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Madras HC
2026
K.Shanmugavelu Vs J.YashodaK.Shanmugavelu v. J.Yashoda

Allowed¶5

K.Shanmugavelu v. J.Yashoda

Transfer Civil Miscellaneous Petition – matrimonial

Madras HC2 Jul 2026TR CMP/723/2025

Case brief

AI extract

What is this about?

Madras High Court, P.B. Balaji J., order dated 02-07-2026 in TR CMP No. 723 of 2025: husband's transfer petition allowed; wife's HMOP 235/2023 withdrawn from Principal Sub Court, Tiruchengode and transferred to Family Court, Erode to be tried along with husband's FCOP 383/2024; respondent set ex-parte; no costs; connected CMP 16876/2025 closed. Convenience grounds urged by petitioner's counsel: Family Court dedicated to matrimonial disputes and shorter travel distance for the respondent (17 kms to Family Court, Erode v. about 28 kms to Sub Court, Tiruchengode).

What did the court decide?

Transfer of H.M.O.P.No.235 of 2023 from the Principal Sub Court, Tiruchengode to the Family Court, Erode, to be tried along with F.C.O.P.No.383 of 2024; no order as to costs; connected Civil Miscellaneous Petition (CMP.No.16876 of 2025) closed. ¶5

Why is it important?

The petitioner-husband made out sufficient cause for seeking transfer of the proceedings in HMOP.No.235 of 2023. ¶5

What the court decided

AI extract

Outcome

Transfer of H.M.O.P.No.235 of 2023 from the Principal Sub Court, Tiruchengode to the Family Court, Erode, to be tried along with F.C.O.P.No.383 of 2024; no order as to costs; connected Civil Miscellaneous Petition (CMP.No.16876 of 2025) closed.

Issue for consideration

Whether sufficient cause was made out to withdraw H.M.O.P.No.235 of 2023 from the file of the Principal Subordinate Judge, Tiruchengode and transfer it to the Family Court, Erode to be tried along with F.C.O.P.No.383 of 2024.

Court's answer

The petitioner-husband made out sufficient cause for seeking transfer of the proceedings in HMOP.No.235 of 2023.

Ratio / Principle

The Transfer Civil Miscellaneous Petition is allowed and the proceedings in HMOP.No.235 of 2023 are withdrawn from the file of the Principal Sub Court, Tiruchengode.

Key takeaways

HMOP.No.235 of 2023 is transferred to the file of the Family Court, Erode, to be tried along with FCOP.No.383 of 2024; there is no order as to costs and the connected Civil Miscellaneous Petition is closed.ratio¶26

Detailed headnote1 paragraphs

Transfer Civil Miscellaneous Petition — matrimonial — petition by husband seeking withdrawal of wife's H.M.O.P.No.235 of 2023 pending before the Principal Subordinate Judge, Tiruchengode and transfer to the Family Court, Erode for joint trial with husband's F.C.O.P.No.383 of 2024 — respondent-wife set ex-parte despite service of notice — Court satisfied that sufficient cause for transfer was made out — transfer petition allowed, no order as to costs, connected CMP closed.

A

TR CMP No. 723 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-07-2026

CORAM

THE HON'BLE MR.JUSTICE P.B. BALAJI

TR CMP No. 723 of 2025 & CMP.No.16876 of 2025

K.Shanmugavelu S/o. Kumarasamy Raja (Late), D.No.174, Manickavasagar Colony, Karur Byepass Road, Erode Taluk, Erode - 638 002.

..Petitioner(s)

Vs

J.Yashoda D/o. Janakiraman, Door. No.12/61, Near sengodan Hospital, Komarpalayam West Colony, Komarapalayam Taluk, Namakkal District.

..Respondent(s)

To withdraw the H.M.O.P.No.235 of 2023 pending before the Principal Subordinate Judge, Tiruchengode and transfer the same to the District Judge, Family Court, Erode to be tried along with F.C.O.P.No.383/2024.

For Petitioner(s): M/s.D.Meera For Respondent(s): No appearance

ORDER

This transfer application has been filed by the petitioner-husband to withdraw the H.M.O.P.No.235 of 2023 from the file of the Principal Subordinate Judge, Tiruchengode and transfer the same to the file of the District Judge, Family Court, Erode, to be tried along with F.C.O.P.No.383/2024.

Page1 of 4

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

TR CMP No. 723 of 2025

Heard the learned counsel for the petitioner.

Despite service of notice and also service effected on the counsel who appears for the respondent-wife before the Sub Court, Tiruchengode, the respondent has neither chosen to appear in person nor through counsel. Hence, the respondent is called and set ex-parte.

According to the learned counsel for the petitioner, despite the fact that the respondent-wife had filed HMOP.No.235 of 2023 earlier than FCOP.No.383 of 2024, in view of the fact that OP filed by the petitioner-husband is pending before the Family Court, which is dedicated to deal with matrimonial disputes, it would be conducive for the parties to appear and have the dispute resolved by the Family Court. It is also her contention that the distance, that would be required to travel by the respondent to attend the proceedings before Family Court, Erode, would only be 17 kms, whereas in order to attend the proceedings before the Sub Court, Tiruchengode would be about 28 kms.

From the foregoing, I satisfied that the petitioner has made out sufficient cause for seeking transfer of proceedings in HMOP.No.235 of 2023. Accordingly, this Transfer Civil Miscellaneous Petition is allowed and the proceedings in HMOP.No.235 of 2023 is hereby withdrawn from the file of the

Page2 of 4

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

TR CMP No. 723 of 2025

Principal Sub Court, Tiruchengode, and transferred to the file of the Family Court, Erode, to be tried along with FCOP.No.383 of 2024. There shall be no

order as to costs. Connected Civil Miscellaneous Petition is closed.

02-07-2026

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

ATA

To

1.The Principal Sub Court, Tiruchengode.

The Family Court, Erode.

__________ Page3 of 4

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

TR CMP No. 723 of 2025

P.B.BALAJI, J.

ATA

TR CMP No. 723 of 2025

02-07-2026

__________ Page4 of 4

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

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether sufficient cause was made out to withdraw H.M.O.P.No.235 of 2023 from the file of the Principal Subordinate Judge, Tiruchengode and transfer it to the Family Court, Erode to be tried along with F.C.O.P.No.383 of 2024.¶15
The court held
The petitioner-husband made out sufficient cause for seeking transfer of the proceedings in HMOP.No.235 of 2023.ratio¶5

Procedural history

How this case reached the court

AI extract

Prior proceeding
H.M.O.P.No.235 of 2023 (matrimonial petition of the respondent-wife) pending before the Principal Subordinate Judge, Tiruchengode; its withdrawal and transfer to the Family Court, Erode is sought in this petition.¶12
Prior proceeding
F.C.O.P.No.383 of 2024 filed by the petitioner-husband pending before the Family Court, Erode, with which the HMOP is sought to be tried.¶21
Prior proceeding
In this transfer petition, the respondent-wife was set ex-parte despite service of notice and service on her counsel before the Sub Court, Tiruchengode.¶20

Parties & counsel

AI extract

petitioner
K.Shanmugavelu S/o. Kumarasamy Raja (Late)¶7
M/s.D.Meera
respondent
J.Yashoda D/o. Janakiraman¶10

Coram

AI extract

P.B. Balajiauthor¶5

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 2 Jul 2026 · July
Registered: 15 Jul 2025
Case no.: TR CMP/723/2025
CNR: HCMA011453202025
Bench: P.b. Balaji
Disposal: ALLOWED
Case type: TR CMP

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Cite this judgement

K.Shanmugavelu v. J.Yashoda, TR CMP/723/2025 (MAD), decided on 2 July 2026.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Procedural history3

H.M.O.P.No.235 of 2023 (matrimonial petition of the respondent-wife) pending before the Principal Subordinate Judge, Tiruchengode; its withdrawal and transfer to the Family Court, Erode is sought in this petition.
F.C.O.P.No.383 of 2024 filed by the petitioner-husband pending before the Family Court, Erode, with which the HMOP is sought to be tried.

View full history

Bench / Coram

P.B. Balaji

Parties & counsel