Madras High CourtTR CMP/43/2019ordered

Ramamani v. Jaganathan

2019-03-01Honourable Mr Justice M. Govindaraj2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.03.2019 C O R A M THE HONOURABLE MR.JUSTICE M.GOVINDARAJ TR C.M.P. No.43 of 2019 and C.M.P.No.1416 of 2019 J.Ramamani ... Petitioner Vs.

S.Jaganathan ... Respondent PRAYER: Transfer Civil Miscellaneous Petition filed under section 24 of C.P.C., 1908, to withdraw the H.M.O.P.No.205 of 2018 pending on the file of Sub-Court, Kovilpatti and transfer the same to be tried along with H.M.O.P.No.1542 of 2018 pending on the file of Additional Family Court, Coimbatore.

For Petitioner : Mr.K.Krishnan *****

O R D E R

This Transfer Civil Miscellaneous Petition has been filed seeking to withdraw the H.M.O.P.No.205 of 2018 pending on the file of Sub-Court, Kovilpatti and transfer the same to be tried along with H.M.O.P.No.1542 of 2018 pending on the file of Additional Family Court, Coimbatore. 2.

Respondent and petitioner are husband and wife. The respondent/husband filed a petition for restitution of conjugal rights before the Sub Court, Kovilpatti. The respondent/wife filed a petition for divorce before the Family Court, Coimbatore. Now the petitioner/wife is before this Court for transfer on the ground that she cannot travel long distance to attend the case before the Sub Court, Kovilpatti.

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3. Considering the hardship caused to the petitioner/wife by travelling long distance from Coimbatore to Kovilpatti, this Court is inclined to transfer the petition filed by her husband for restitution of conjugal rights to the file of Family Court, Coimbatore.

4. Accordingly, H.M.O.P.No.205 of 2018 pending on the file of Sub Court, Kovilpatti is withdrawn and transferred to the file of Family Court, Coimbatore to be tried along with H.M.O.P.No.1542 of 2018.

5. The Transfer Civil Miscellaneous Petition is disposed of with the above direction. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar bri To

1. The Sub Court, Kovilpatti.

2. The Additional Family Court, Coimbatore.

+1cc to Mr.K.Krishnan , Advocate SR.No. 19715 TR C.M.P. No.43 of 2019 and C.M.P.No.1416 of 2019 A.SK(15/04/2019) https://hcservices.ecourts.gov.in/hcservices/