TR CMP No. 887 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09-07-2026 CORAM THE HONOURABLE MR.JUSTICE P.B. BALAJI TR CMP No. 887 of 2025 and CMP No.20342 of 2025 1. Devi Bala W/o. V.Sivakumar, D.No. 394, Ramasami Nagar, Kattu Valavu, Sooramangalam, Salem District. Petitioner(s) Vs 1. V.Sivakumar S/o. Vinayagasamy, No. 16, Amman Kovil Thottam, Kavunthampadi Village, Bhavani Taluk, Erode District. Respondent(s) Petition filed under Section 24 of Civil Procedure Code to withdraw the petition in HMOP No.44 of 2023 on the file of Sub Court, Bhavani to transfer the same to Family Court, Salem. For Petitioner(s): J.Franklin For Respondent(s): No appearance ORDER The respondent, despite service of notice in Tr.C.M.P.No.887 of 2025, has not chosen to appear either in person or through counsel. The name of the respondent is also printed in today’s cause list. I have heard the learned counsel for the petitioner. 1/4 https://www.mhc.tn.gov.in/judis TR CMP No. 887 of 2025 2. The learned counsel for the petitioner states that the respondent/husband has imitated proceedings for divorce in HMOP No.44 of 2023 before Sub Court, Bhavani and the petitioner/wife has initiated proceedings for restitution of conjugal rights in HMOP No.216 of 2025 before Family Court, Salem. Learned counsel also states that the petitioner is a resident of Chennai and has a custody of girl aged 9 years and the petitioner expresses difficulty and inconvenience to attend the proceedings before the Sub Court, Bhavani. 3. In any event, there is a petition for restitution of conjugal rights. In order to avoid conflicting orders as well as multiplicity of proceedings, both the divorce petition and the petition for restitution of conjugal rights have to be tried together. 4. In the light of the above, I am inclined to allow the petition. Accordingly, Tr.C.M.P.No.887 of 2025 is allowed and the proceedings in HMOP No.44 of 2023 is withdrawn from the file of Sub Court, Bhanvani and the same is transferred to Family Court, Salem to be jointly tried with HMOP No.216 of 2025. 2/4 https://www.mhc.tn.gov.in/judis TR CMP No. 887 of 2025 5. The Sub Court, Bhavani is directed to send the entire records relating to HMOP No.44 of 2023 to the Family Court, Salem forthwith. No costs. Consequently,connected miscellaneous petition is closed. 09.07.2026 sr Index:yes/no Website:yes/no Speaking Order/Non-speaking Order To 1. The Sub Court, Bhavani 2. The Family Court, Salem 3/4 https://www.mhc.tn.gov.in/judis TR CMP No. 887 of 2025 P.B.BALAJI.,J sr TR CMP No. 887 of 2025 09.07.2026 4/4 https://www.mhc.tn.gov.in/judis