Preethi.v Vs Vignesh R

Prayer in Tr.CMP: This Transfer Civil Miscellaneous Petition filed under Section 24 of Civil Procedure Code, to pass an order withdrawing the O.P.No.131 of 2025 pending on the file of Subordinate Court, Aruppukkottai and to transfer the same to the file of Subordinate Court at Tambaram to try along with O.P.No.175 of 2025 pending on the file of Subordinate Court, Tambaram, for disposal on merits.

¶11

CMP.No.19148 of 2025: To pass an order of interim stay of all further proceedings in OP.No.131 of 2025 pending on the file of the Subordinate Court, Aruppukottai, pending disposal of the Tr.CMP.

¶12

For Petitioner : Mr.K.Perumal

¶13

For Respondent : Mr.M.N.Gopinath

¶14

Page1 of 4

¶15

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

¶16

TR CMP No.839 of 2025

¶17

ORDER

¶18

1. Heard.

¶19

This Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure seeking withdrawal of O.P.No.131 of 2025 pending on the file of the learned Subordinate Court, Aruppukkottai and transfer of the same to the file of the Subordinate Court, Tambaram to try along with O.P.No.175 of 2025 pending on the file of the Subordinate Court, Tambaram.

¶20

The marriage between the petitioner and the respondent was solemnized on 26.02.2020 at R.V.Mahal, M.R.Pudur, M.Reddiapatti, as per Hindu rites and customs. Out of their wedlock, a female child was born to them on 12.05.2023.

¶21

The respondent/husband filed divorce petition in HMOP No.131 of 2025 before the Subordinate Court, Aruppukottai. The petitioner/wife filed a petition for Restitution of Conjugal Rights in HMOP.No.175 of 2025 before the Subordinate Court, Tambaram.

¶22

The petitioner is the wife and she is residing at Sembakkam, Chennai. It is stated that she is taking care of 2 years old child. It is further submitted that, having regard to the distance factor, it would cause hardship to the petitioner to travel and attend the proceedings at Aruppukottai.

¶23

__________ Page2 of 4

¶24

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

¶25

TR CMP No.839 of 2025

¶26

Considering (i) the residence and convenience of the petitioner/wife, (ii) the

¶27

fact that the petitioner is taking care of two years child and (iii) that the proceedings between the parties would be conveniently tried at the same place, this Court is satisfied that the transfer sought deserves to be ordered.

¶28

7. Accordingly, Tr.C.M.P.No.839 of 2025 is allowed.

¶29

O.P.No.131 of 2025 on the file of the Subordinate Court, Aruppukottai, is withdrawn and transferred to the file of the Subordinate Court, Tambaram, to tr y along with H.M.O.P.No.175 of 2025 which is pending on the file Subordinate Court, Tambaram. The Subordinate Judge, Aruppukottai, shall transmit the entire records to the Subordinate Judge, Tambaram, within three (3) weeks from the date of receipt of this order and the Subordinate Court, Tambaram, shall dispose of the matter in accordance with law, as expeditiously as possible, uninfluenced by any observations made in this order. Interim order granted by this Court on 12.08.2025 shall stand vacated and CMP.No.19148 of 2025 is closed. There shall be no order as to costs.

¶30

25.02.2026

¶31

Index : Yes/No Speaking order : Yes/No dna

¶32

__________ Page3 of 4

¶33

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

¶34

TR CMP No.839 of 2025

¶35

DR.A.D.MARIA CLETE, J