TR CMP No. 769 of 2025 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10-07-2026 CORAM THE HON'BLE MR.JUSTICE P.B. BALAJI TR CMP No. 769 of 2025 & CMP.No.17841 of 2025 Nandhini ..Petitioner(s) Vs Vivekanandan ..Respondent(s) Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of CPC, to withdraw HMOP.No. 40 of 2024 from the file of Additional Sub Court, Kumbakonam and transfer the same to the file of Sub Court, Mettur, for joint hearing with HMOP.No.29 of 2025 filed by the petitioner. For Petitioner(s): M/s.M.Sivachamandeeswari for Mr.B.Ravi For Respondent(s): Mr.S.Nirmal Aditya ORDER The petitioner wife seeks transfer of the proceedings in HMOP.No.40 of 2024 from the file of the Additional Sub Court, Kumbakonam and transfer the same to the file of the Sub Court, Mettur, to be tried along with HMOP.No.29 of 2025. 2. Heard the learned counsel for the parties. https://www.mhc.tn.gov.in/judis TR CMP No. 769 of 2025 __________ Page2 of 4 3. The petitioner is the wife, who is facing proceedings in HMOP.No.40 of 2024 before the Additional Sub Court, Kumbakonam. The petitioner has filed HMOP.No.29 of 2025, which is pending before the Sub Court, Mettur. 4. It is necessary and in the interest of both the parties and in the interest of justice, both these matters are tried together since one OP is for divorce and the other OP is for restitution of conjugal rights. 5. The learned counsel for the respondent has no serious objection for the transfer request of the petitioner being acceded to. However, he seeks dispensing with his presence since according to the petitioner, he has been intimidated on all the hearing dates when he has attended before the Sub Court, Mettur. 6. The learned counsel for the petitioner however refutes such allegation made by the respondent, contending that only because the respondent had threatened the petitioner, police complaints had been given and not for any other reasons. 7. Be that as it may, considering the convenience of the petitioner and also that there is a minor child aged about 6 years in the custody of the https://www.mhc.tn.gov.in/judis TR CMP No. 769 of 2025 __________ Page3 of 4 petitioner, I am inclined to allow the transfer application with the following directions: i) The proceedings in HMOP.No.40 of 2024 is hereby withdrawn from the file of the Additional Sub Court, Kumbakonam and transferred to the file of the Sub Court, Mettur, to be jointly tried along with HMOP.No.29 of 2025; ii) The respondent’s physical presence, for all hearing dates, is ordinarily dispensed with and the Sub Court, Mettur is entitled to require the attendance of the respondent on the hearing dates where his presence cannot be dispensed with i.e for the purposes of recording his evidence in chief and cross examination; iii) No costs. Connected Civil Miscellaneous Petition is closed. 10-07-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No ATA To 1.The Additional Sub Court, Kumbakonam. 2.The Sub Court, Mettur. https://www.mhc.tn.gov.in/judis TR CMP No. 769 of 2025 __________ Page4 of 4 P.B.BALAJI, J. ATA TR CMP No. 769 of 2025 10-07-2026 https://www.mhc.tn.gov.in/judis