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2026 DAILYLAW 44265 (MAD)

Anandhajothi alias Elakiya v. Kumaresan

TR CMP/228/2026 · 2026-06-25

T V Thamilselvi

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

TR CMP No. 228 of 2026 __________ 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.228 of 2026 and C.M.P.No.7493 of 2026 Anandhajothi @ Elakiya C/o. Kumerasan, D/o. Ashok Kumar, No.60, Vadivel Main Street, Near Mahindra Mobile Shop, Perambur, Chennai. ..Petitioner(s) Vs Kumaresan S/o. Thangasamy, Anjal East Street, U.Agaram Village Colony, Virudhachalam, Cuddalore. ..Respondent(s) Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C., praying to withdraw the H.M.O.P.No.123 of 2025 on the file of the Principal Subordinate Court, Virudhachalam and transfer the same to I Additional Family Court, Chennai to try along with M.C.No.45 of 2026 on the file of the I Additional Family Court, Chennai. For Petitioner(s): Ms.D.Kamatchi For Respondent(s): Mr.A.Palaniappan https://www.mhc.tn.gov.in/judis TR CMP No. 228 of 2026 __________ Page2 of 6 ORDER This Transfer Civil Miscellaneous Petition has been filed to withdraw the case in H.M.O.P.No.123 of 2025 on the file of the Principal Subordinate Court, Virudhachalam and transfer the same to the I Additional Family Court, Chennai to try along with M.C.No.45 of 2026 on the file of the I Additional Family Court, Chennai. 2.Heard both sides and perused the materials available on record. 3.Learned counsel for the petitioner submits that the respondent filed a petition in H.M.O.P.No.123 of 2025 before the Principal Subordinate Court, Virudhachalam. She submits that the petitioner is residing in Chennai. Further, the petitioner has to travel nearly 6 to 7 hours to reach Virudhachalam and return to Chennai likewise. Further, the petitioner has no relatives or friends in Virudhachalam except her matrimonial house. Since the respondent’s family members are influential persons in Virudhachalam, she has no safety to travel to Virudhachalam and contest the case. She further submits that the petitioner is presently unemployed, with no independent source of income. The petitioner is residing with her aged widow mother and she is entirely depending on her mother for survival. Therefore, she prays to transfer the case to the I Additional Family Court, Chennai. https://www.mhc.tn.gov.in/judis TR CMP No. 228 of 2026 __________ Page3 of 6 4.Learned counsel for the respondent submits that the respondent is residing in Cuddalore and working in N.L.C and has raised serious objection in transferring the case from Virudhachalam to Chennai. 5.I have gone through the affidavit filed in support of the transfer petition as well. I find merits in the submissions made by the learned counsel on either side. 6.Considering the facts and circumstances of the case, the submission made by the learned counsel on either side and considering the fact that the petitioner is residing in Chennai as well as the connected case is pending before the I Additional Family Court, Chennai, this Court is inclined to transfer the case on the file of the Principal Subordinate Court, Virudhachalam to the file of the I Additional Family Court, Chennai. Accordingly, the case in H.M.O.P.No.123 of 2025 is hereby withdrawn from the file of the Principal Subordinate Court, Virudhachalam and transferred to the file of the I Additional Family Court, Chennai. After receipt of the case papers from the Principal Subordinate Court, Virudhachalam, the I Additional Family Court, Chennai is directed to send a notice to the respondent within four weeks. After due service of notice, the I Additional Family Court, Chennai is directed to proceed with the matter in the manner known to law. https://www.mhc.tn.gov.in/judis TR CMP No. 228 of 2026 __________ Page4 of 6 7.Accordingly, this Transfer Civil Miscellaneous Petition is allowed. No costs. Consequently, connected Civil Miscellaneous Petition is closed. 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. 228 of 2026 __________ Page5 of 6 To 1.The Principal Subordinate Court, Virudhachalam. 2.The I Additional Family Court, Chennai. https://www.mhc.tn.gov.in/judis TR CMP No. 228 of 2026 __________ Page6 of 6 T.V.THAMILSELVI, J. PAM TR.C.M.P.No.228 of 2026 and C.M.P.No.7493 of 2026 25-06-2026 https://www.mhc.tn.gov.in/judis