TR CMP No. 634 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 01-08-2025 CORAM THE HONOURABLE MR.JUSTICE P.B. BALAJI TR CMP No. 634 of 2025 1. Pavithra D/o. Kannadasan, W/o. Magesh, No.415 Bank Men Colony, Azhagiri Nagar, Alamelumangapuram, Ampuram, Vellore Dt 632 009. Petitioner(s) Vs 1. Magesh S/o. Late. Seelan, No.1/358, Kathiravannagar, Kolapakkam, Gerugambakkam, kancheepuram 600 122. Respondent(s) PRAYER This Transfer CMP is filed under Section 24 of Civil Procedure code, praying to withdraw the case bearing HMOP No.159 of 2025 on the file of the Sub Court, kancheepuram and transfer the same to the file of the Sub Court, Vellore. https://www.mhc.tn.gov.in/judis TR CMP No. 634 of 2025 For Petitioner(s): Mr.P. Sriram For Respondent(s): M/S.R.Pandimeena ORDER The respondent/husband has filed Section 9 application for restitution of conjugal rights. The petitioner/wife citing inconvenience to attend the proceedings before the Sub Court, Kancheepuram in HMOP.NO.159 of 2025 which is the petition for restitution of conjugal rights filed by the husband is tired. In view of the fact that the petitioner would have to travel long way besides also she have a 5 years old child to take care of has come forward to the present transfer petition. 2.The learned counsel for the respondent /husband, states that the respondent/ husband is willing to live long with the petitioner /wife however the learned counsel for the petitioner on instructions states that there is no possibility of reunion and transfer petition may be heard and dispose of on merits. 3.The learned counsel for the respondent/husband further states that the https://www.mhc.tn.gov.in/judis TR CMP No. 634 of 2025 respondent is the resident of Virungampakkam, and he also has to travel equally long distances to attend the proceedings if it is transferred to the file of the Sub Court, Vellore. 4.However, considering that the wife seeks transfer of the proceedings only to the sub court, Vellore, the physical presence of the respondent is not mandatory, and therefore, no prejudice will be caused to the respondent/husband if the HMOP is transferred as prayed for by the petitioner/wife. 5.In fine, the transfer civil miscellaneous petition is ordered. The HMOP.NO.159 of 2025 is withdrawn from the file of the Sub Court, Kancheepuram and transferred to the file of the Subordinate Court, Vellore. No costs. It is made clear that the Sub Court, Vellore, shall not insist on the physical presence of the respondent/husband for all hearing dates except where it is absolutely necessary. 01-08-2025 jrs Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No https://www.mhc.tn.gov.in/judis TR CMP No. 634 of 2025 P.B.BALAJI J. jrs To 1. The Judge,Sub Court, Kancheepuram 2.The Judge, Sub Court, Vellore. TR CMP No. 634 of 2025 01.08.2025 https://www.mhc.tn.gov.in/judis