Research › Search › Judgment

Madras High Court · body

2025 DAILYLAW 52670 (MAD)

POOJA v. Ashok Kumar

TR CMP/455/2025 · 2025-08-08

P B Balaji

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

TR CMP No. 455 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 08-08-2025 CORAM THE HONOURABLE MR.JUSTICE P.B. BALAJI TR CMP No. 455 of 2025 AND CMP NO. 10753 OF 2025 1. POOJA W/o. Ashok Kumar, No. 2/10, Mahalakshmi Nagar 4th Street, Sri Nagar, Poonamalle, Chennai-56. Petitioner(s) Vs 1. Ashok Kumar S/o. Ravichandran, Presently Res. at 10, Rock Court, Morley, Leeds, LS278WH, United Kingdom,. Also at, No. 6A, Radhakrishnan Street, Kamaraj Nagar, Venkata Nagar, Puducherry-11. Respondent(s) PRAYER This transfer civil miscellaneous petition is filed under Section 24 of CPC, https://www.mhc.tn.gov.in/judis TR CMP No. 455 of 2025 praying to pass an order to withdraw the petition HMOP No. 177 of 2025 pending on the file of the Honble Family Court, Puducherry from the file of the said Honble Court and transfer the same to the file of the Honble Sub Court, at Poonamalle, Chennai For Petitioner(s): Mr.K.P.Sathish Kumar For Respondent(s): Mr V. Kamala Kumar & Ms C. Jansi Ravi for M/s Hemavathi, ORDER Mr V. Kamala Kumar & Ms C. Jansi Ravi for M/s Hemavathi, learned counsel undertake to file vakalat for the respondent. 2.On the other hand from the affidavit filed in support of the transfer application, it is seen that the petitioner/wife has to take care of an eight-month- old baby, and she expresses inconvenience to travel all the way to attend the proceedings at the Family Court, Puducherry, where the presence of the petitioner is also mandatory. https://www.mhc.tn.gov.in/judis TR CMP No. 455 of 2025 3.The learned counsel for the respondent states that the respondent is presently in the United Kingdom, and the transfer request is opposed on the ground that there are life threat issues to the respondent, and he apprehends fear of security and threat to his life if he so attends the proceeding before the Sub Court at Poonamalle, Chennai. 4.In any way, the respondent is employed abroad and further, the petitioner seeks transfer only to the Sub Court, where the physical presence of the respondent is not necessary. 5.In the light of the above, I am inclined to allow the transfer CMP and withdraw the petition in HMOP No. 177 of 2025 from the Family Court, Puducherry and transfer the same to the file of the Sub Court, at Poonamalle, Chennai. It is made clear that the Sub Judge, Poonamalle, shall not insist on the physical appearance of the respondent / husband for all hearing dates, and if any video conferencing facility is available, it shall be open to the respondent to avail the same. In the result, the Transfer CMP is allowed. The petition in HMOP No. https://www.mhc.tn.gov.in/judis TR CMP No. 455 of 2025 177 of 2025, pending on the file of the Family Court, Puducherry, is withdrawn and transferred to the file of the Sub Court, Poonamallee, Chennai. No costs. Consequently, the connected miscellaneous petition stands closed. 08-08-2025 jrs Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No To 1.The Judge, Family Court, Puducherry. 2.The Judge, Sub Court, Poonamallee, Chennai. https://www.mhc.tn.gov.in/judis TR CMP No. 455 of 2025 https://www.mhc.tn.gov.in/judis TR CMP No. 455 of 2025 P.B.BALAJI J. jrs TR CMP No. 455 of 2025 AND CMP NO. 10753 OF 2025 08-08-2025 https://www.mhc.tn.gov.in/judis