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2025 DAILYLAW 7689 (MAD)

C.Hemachand, v. SUDHA

TR CMP/885/2025 · 2026-06-25

T V Thamilselvi

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

TR CMP No. 885 of 2025 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25-06-2026 CORAM THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI TR.C.M.P.No.885 of 2025 C.Hemachand, S/o. Chandrasekaran, No.28, Sannathi Street, Vandavasi Town, Tiruvannamalai District. ..Petitioner(s) Vs Sudha D/o. Radhakrishnan, No.84, Potty Naidu Street, Vandavasi Town, Tiruvannamalai District. ..Respondent(s) Prayer amended vide order of Court dated 24.03.2026 made in C.M.P.No.28703 of 2025 in TR.C.M.P.No.885 of 2025 Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C., praying to order withdrawal and transfer of H.M.O.P.No.92 of 2021 from the file of the Learned Sub Court, Ranipet to the file of the Learned Sub Court, Arani. For Petitioner(s): Mr.G.Mageshkumar For Respondent(s): Ms.Sudha – Party-in-person https://www.mhc.tn.gov.in/judis TR CMP No. 885 of 2025 __________ Page2 of 6 ORDER This Transfer Civil Miscellaneous Petition has been filed to withdraw the petition in H.M.O.P.No.92 of 2021 on the file of the Sub Court, Ranipet and transfer the same to the file of the Sub Court, Arani. 2.Heard both sides and perused the materials available on record. 3.Learned counsel appearing for the petitioner submits that the petitioner instituted a divorce petition in H.M.O.P.No.84 of 2020 before the Sub Court, Cheyyar, which later came to be transferred to the Sub Court, Arani. As a counterblast, the respondent filed a petition in H.M.O.P.No.92 of 2021 before the Sub Court, Ranipet seeking restitution of conjugal rights and the same was dismissed as the respondent not prosecuted her case. Further, H.M.O.P.No.84 of 2020 which later came to be transferred to the Sub Court, Vandavasi thereby renumbered as H.M.O.P.No.41 of 2024 on the point of bifurcation of territorial jurisdiction. He submits that the petitioner being a Treasurer for the Advocate Bar Association attached to Vandavasi Court, the respondent used to allege that the petitioner get favourable adjournments and orders from the Court at Vandavasi, impelled by the same, the petitioner filed a Transfer Petition in O.P.No.5 of 2024 before the Principal District Court, Tiruvannamalai and the same was transferred as H.M.O.P.No.41 of 2024 from the Sub Court, Vandavasi to the Sub Court, Arani, in turn, H.M.O.P was renumbered as H.M.O.P.No.73 https://www.mhc.tn.gov.in/judis TR CMP No. 885 of 2025 __________ Page3 of 6 of 2024 pending for trial. It is pertinent to say that while filing H.M.O.P.No.92 of 2021, the respondent wife resided at Ranipet District and after that, she move to Vandavasi as mentioned in the cause title. He further submits that the petitioner is a physically challenged person as he met with an accident, thereby lost one upper limp. Therefore, he prays to transfer the case to the Sub Court, Arani. 4.Per contra, the respondent has appeared as party-in-person before this Court and submits that the petitioner is a practising Advocate and a Member of the Advocate Bar Association. She further submits that since the petitioner is working as an Advocate and a Member in Bar Association, no Advocate is willing to come forward and argue the case on behalf of her. Therefore, she raises her strong objection for transferring the case from the Sub Court, Ranipet to the Sub Court, Arani. 5.I have gone through the affidavit filed in support this petition and I find no merits in the submissions made by the learned counsel for the petitioner and the reason assigned by the petitioner is not justifiable. 6.Considering the facts and circumstances of the case and the submission made by the learned counsel for the petitioner as well as the respondent, this Court is not inclined to transfer the case from the Sub Court, Ranipet to the Sub https://www.mhc.tn.gov.in/judis TR CMP No. 885 of 2025 __________ Page4 of 6 Court, Arani. However, the petitioner is directed to cooperate with the Court proceedings. 7.Accordingly, this Transfer Civil Miscellaneous Petition is dismissed. No costs. 25-06-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No PAM https://www.mhc.tn.gov.in/judis TR CMP No. 885 of 2025 __________ Page5 of 6 To 1.The Sub Court, Ranipet. 2.The Sub Court, Arani. https://www.mhc.tn.gov.in/judis TR CMP No. 885 of 2025 __________ Page6 of 6 T.V.THAMILSELVI, J. PAM TR.C.M.P.No.885 of 2025 25-06-2026 https://www.mhc.tn.gov.in/judis