BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.11.2025 THE HONOURABLE MR.JUSTICE SHAMIM AHMED and C.M.P.(MD)Nos.13620 and 16236 of 2025 TR.C.M.P.(MD)No.481 of 2025:

M.Bharathidasan S/o.M.Muniyasami Door No.2/236, Yadhavar Street Near S.E.V.School Narayanapuram Nagankulam Madurai District. ... Petitioner vs.

N.Devipriya D/o.M.Nagasamy, No.27A1 Theerchithar Kollai Street Rameswaram, Ramanathapuram 623 526 ... Respondent PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of Code of Civil Procedure, to pass an order to withdraw the case in HMOP No.106 of 2024 on the file of the Subordinate Judge Court, Ramanthapuram and transfer the same to the Family Judge Court, Madurai and to be tried along with H.M.O.P.No.991 of 2024 pending on the file of the Family Judge Court, Madurai.

For Petitioner :Mr.R.Babu Jaganath For Respondent :Mr.G.Anto Prince Devipriya W/o.Bharathidasan Door No.27A1 Theerchithar Kollai Street Rameswaram Taluk Ramanathapuram District. ... Petitioner vs.

M.Bharathidasan S/o.M.Muniyasami Door No.2/236, Yadhavar Street Near S.E.V.School Narayanapuram Nagankulam Madurai District. ... Respondent PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of Code of Civil Procedure, to pass an order to withdraw the case in HMOP No.106 of 2024 before the Honourable Sub Court, Ramanthapuram District and transfer the same to the file of the Honourable Family Court, Madurai District as to try along with in H.M.O.P.No.991 of 2024 on the file of the Family Court, Madurai.

For Petitioner :Mr.G.Anto Prince For Respondent :Mr.R.Babu Jaganath

COMMON O R D E R

The issues involved in these Transfer Civil Miscellaneous Petitions are one and the same and hence, they are disposed of by this common order. For the sake of brevity, the facts are being taken from Tr.C.M.P(MD)No.578 of 2025 filed by the wife viz., N.Devipriya and for the sake of convenience, the parties are referred to by their names.

2. The Transfer Civil Miscellaneous Petition in Tr.C.M.P(MD)No.

481 of 2025 has been filed by the husband viz., M.Bharathidasan, to withdraw the case in HMOP No.106 of 2024 pending on the file of the Subordinate Court, Ramanthapuram and transfer the same to the file of Family Court, Madurai to try along with H.M.O.P.No.991 of 2024 pending on the file of the Family Court, Madurai.

3. The Transfer Civil Miscellaneous Petition in Tr.C.M.P(MD)No.

578 of 2025 has been filed by the wife viz., N.Devipriya to withdraw the case in HMOP.No.106 of 2024, on the file of the Subordinate Court, Ramanathapuram District and transfer the same to the file of Family Court, Madurai, to try along with HMOP.No.991 of 2024 pending on the file of the Family Court, Madurai.

4.Heard Mr.G.Anto Prince, learned counsel for the petitioner/wife and Mr.R.Babu Jaganath, learned counsel for the respondent/husband.

5.The petitioner viz., N.Devipriya is the wife and the respondent viz., M.Bharathidasan is the husband and their marriage was solemnized on 02.03.2006, according to Hindu rites and customs and out of their wedlock, they were blessed with two male children, namely, Ranjith and Rajesh, aged about 17 and 14 respectively. Due to the matrimonial dispute arose between them, the husband viz., M.Bharathidasan has filed a petition in HMOP.No.991 of 2024 before the Family Court, Madurai, seeking dissolution of their marriage and the wife viz., N.Devipriya has filed HMOP.No.106 of 2024 before the Sub Court, Ramanathapuram, seeking restitution of conjugal rights and she has also filed a Maintenance Petition before the Family Court, Madurai against the respondent/husband seeking an amount of Rs.50,000/- in order to maintain her and her son. As the maintenance case filed by the wife is pending before the Family Court, Madurai, and the petition filed by the husband in HMOP No. 991 of 2024, seeking divorce, is also pending before the Family Court, Madurai, the wife now seeks transfer of HMOP No. 106 of 2024, filed by her before the Subordinate Court, R