Madras High CourtTR CMP/106/2023allowed

Krishnapriya v. Balamurugan

2023-03-21Honourable Mrs Justice T.V.Thamilselvi4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.03.2023 CORAM :

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI TR.CMP No.106 of 2023 & CMP No. 2222 of 2023 Krishnapriya ....

Petitioner -VsBalamurugan ....

Respondent Prayer : Transfer Civil Miscellaneous Petition under Section 24 of C.P.C., to withdraw HMOP NO.486 of 2022 from the file of the 2nd Additional Sub Court, Coimbatore and transfer the same to the Sub Court, Udumalpet to try along with HMOP No.227 of 2021.

For Petitioner : Mr.D.R.Arunkumar For Respondent : Mr.M.Sivarathanan

O R D E R

This petition has been filed to withdraw HMOP NO.486 of 2022 from the file of the 2nd Additional Sub Court, Coimbatore and transfer the same to the Sub Court, Udumalpet to try along with HMOP No.227 of 2021. 1/4

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

3. It is seen from the records that the respondent filed HMOP NO.486 of 2022 , on the file of the 2nd Additional Sub Court, Coimbatore, for divorce and the petitioner filed HMOP No.227 of 2021 before the Sub Court, Udumalpet, for divorce. Now, the petitioner living with her aged parents.

4. Considering the distance between the petitioner's house and the Court, and also the fact that the petitioner is living with her aged parents. Hence, this Court is inclined to transfer the HMOP NO.486 of 2022 pending on the file of the 2nd Additional Sub Court, Coimbatore to Sub Court, Udumalpet.

5. Accordingly, the present Tr.C.M.P. is allowed and the HMOP NO.486 of 2022 pending on the file of the 2nd Additional Sub Court, Coimbatore, is withdrawn and transferred to the file of the Sub Court, Udumalpet. Further, the 2nd Additional Sub Court, Coimbatore, is directed to transfer the records in 2/4

connection with HMOP NO.486 of 2022, to the Sub Court, Udumalpet, within a period of two weeks from the date of receipt of a copy of this order, after receiving record the concerned Court to try the said petition along with H.M.O.P No.227 of 2021. Further both parties directed to appear before the Sub Court, Udumalpet, for mediation not less than five sittings. No costs. Consequently connected miscellaneous petition is closed.

21.03.2023 Index : Yes/No Internet : Yes/No pbl To 1.The 2nd Additional Sub Court, Coimbatore. 2.The Sub Court, Udumalpet.

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T.V.THAMILSELVI, J.

pbl TR.CMP.No.106 of 2023 & CMP No. 2222 of 2023 21.03.2023 4/4