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2026 DAILYLAW 54892 (MAD)

V.RAJALAKSHMI v. A.Dinakaran

TR CMP/275/2025 · 2026-07-15

P B Balaji

Transfer Petitionbody2026

Judgment text

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__________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 15-07-2026 CORAM THE HON'BLE MR.JUSTICE P.B. BALAJI Tr.CMP.No.275 of 2025 and CMP. No.5317 of 2025 V.Rajalakshmi ..Petitioner(s) Vs A.Dinakaran ..Respondent(s) Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of CPC, to order for the withdrawal of the petition in H.M.O.P. No.329 of 2019, pending on the file of the Subordinate Court, Kancheepuram and to transfer the same to the file of the Family Court, Tiruvannamalai. For Petitioner(s): Mr.V.Prakash Babu For Respondent(s): Mr.V.Vargees Amal Raja ORDER The learned counsel for the petitioner states that the petitioner apart from examining herself, intends to examine two other independent witnesses, who are also residents of Thiruvannamalai and he would therefore, reiterate his request for allowing the Transfer Miscellaneous Petition. 2. The learned counsel for the respondent would however states that the Tr.CMP itself was filed belatedly, after waiting for eight years after filing of the https://www.mhc.tn.gov.in/judis __________ Page2 of 4 H.M.O.P. No.329 of 2019 and after participating in the trial and also fully cross examining the respondent's witnesses, it is not open to the petitioner to seek transfer at this belated stage. 3. I find force in the submissions of the learned counsel for the respondent. Admittedly, the entire evidence on the side of the respondent/husband has been concluded and the Court has also had the benefit of demeanor of witnesses and at this stage, it would not be proper or judicious to transfer the proceedings for enabling the respondent to appear for his chief and cross examination alone and thereafter, examining further witnesses. 4. In the light of the above, considering the fact that the OP is now listed for chief examination of the petitioner on 30.07.2026, it is made clear that the petitioner shall appear on 30.07.2026 and record her chief examination, either by way of proof affidavit or in person/orally. For cross examination, after ascertaining the convenience of the petitioner/wife and the learned counsel for the respondent, the Sub Court, Kancheepuram shall fix a convenient date, on which date, without taking any adjournment, the cross examination of the petitioner shall be concluded. If further witnesses are proposed to be examined, the Court shall similarly ascertain the convenience of the witnesses and fix dates accordingly. The Trial shall be concluded on or before, 31.10.2026 and the HMOP shall be disposed of by, 30.11.2026. https://www.mhc.tn.gov.in/judis __________ Page3 of 4 5. In fine, this Tr.CMP is dismissed with the above directions, Consequently, connected Miscellaneous Petition is also dismissed. No costs. 15-07-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No RKP To The Judge, Subordinate Court, Kancheepuram https://www.mhc.tn.gov.in/judis __________ Page4 of 4 P.B.BALAJI, J. RKP Tr.CMP.No.275 of 2025 and CMP. No.5317 of 2025 15-07-2026 https://www.mhc.tn.gov.in/judis