(Prayer: This Transfer Civil Miscellaneous Petition filed under Section 24 C.P.C., to withdraw and transfer the H.M.O.P.No.153 of 2025 on the file of the learned Sub Court, Sirkali, Mayiladudurai District to the Court of learned Principal Sub Court, Trichy.)

1. The Transfer Civil Miscellaneous Petition is filed to withdraw the case in H.M.O.P.No.153 of 2025 from the file of the Subordinate Court, Sirkali, Mayiladudurai District, and transfer the same to the file of the Principal Subordinate Court, Trichy.

2. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent.

3. It is seen from the records that the marriage between the petitioner and the respondent was solemnized on 05.09.2019 as per the Hindu rites and customs and due to their wedlock, they were blessed with one female child now aged 4½ years and that subsequently there arose some misunderstanding and they are living separately.

4. It is evident from the records that the respondent filed a petition in H.M.O.P.No.153 of 2025 seeking divorce and the same is pending on the file of the Subordinate Court, Sirkali, and that the petitioner filed a petition in H.M.O.P.No.9 of 2026 seeking restitution of conjugal rights and the same is pending on the file of the Principal Subordinate Court, Trichy.

5. The learned counsel appearing for the petitioner would submit that the petitioner was diagnosed with kidney failure and that though the respondent had agreed to donate her kidney, subsequently she refused and filed the present divorce petition.

6. The respondent filed a counter affidavit raising objections.

7. The learned counsel appearing for the respondent would submit that the respondent is residing at Sirkali, Mayiladudurai District along with her minor child and she would find it difficult to travel, if the case is transferred to Trichy.

8. The petitioner has produced the medical records, wherein, it is evident that the petitioner was advised to undergo a Renal Transplant and he is in need of regular dialysis.

9. Considering the facts and circumstances and taking note of the medical condition of the petitioner, this Court is inclined to transfer the case from the file of the Subordinate Court, Sirkali to the file of the Principal Subordinate Court, Trichy.

10. At this juncture, the learned counsel appearing for the respondent would submit that the trial Court may be directed to dispense with the personal appearance of the respondent.

11. Considering the above, the case in H.M.O.P.No.153 of 2025 is ordered to be withdrawn from the file of the Subordinate Court, Sirkali, and transfer the same to the file of the Principal Subordinate Court, Trichy. Accordingly, the learned Subordinate Judge, Sirkali, is hereby directed to transmit the entire records in H.M.O.P.No.153 of 2025 to the file of the Principal Subordinate Court, Trichy, within a period of 10 days from the date of receipt of a copy of this order and on receiving the case bundle, the learned Principal Subordinate Judge, Trichy, is directed to take up the petition on file and proceed in accordance with law.

12. With the above direction, the Transfer Civil Miscellaneous Petition is allowed. The respondent is at liberty to approach the Principal Subordinate Court, Trichy, for dispense with her personal appearance and on such application being filed, the learned Principal Subordinate Judge, Trichy, is directed to consider the same and pass orders in accordance with law. Consequently, connected Miscellaneous Petition is closed. No costs.