Santhiya v. Soundarajan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.03.2023 CORAM :

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI TR.CMP No.101 of 2022 & CMP No. 2172 of 2023 Santhiya ....

Petitioner -VsSoundarajan ....

Respondent Prayer : Transfer Civil Miscellaneous Petition under Section 24 of C.P.C., to withdraw and transfer the HMOP 318 of 2022, on the file of the Sub-Court, Alandur and to be heard and tried along with E.P.22/2022, on the file of IV Additional Family Court at Chennai.

For Petitioner : Ms.E.Yuvarani For Respondent : Mr.N.Naresh

O R D E R

This petition has been filed to withdraw and transfer the HMOP 318 of 2022, on the file of the Sub-Court, Alandur and to be heard and tried along with E.P.22/2022, on the file of IV Additional Family Court, Chennai. 1/4

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

3. It is seen from the records, the respondent filed H.M.O.P No. 2369 of 2018, on the file of the IV, Additional Family Court, Chennai, for divorce and the petitioner also filed I.A NO. 96 of 2018 for interim maintenance and the same was ordered on 25.07.2019. Now, the respondent filed HMOP No. 318 of 2022 before the Sub Court, Alandur, for restitution of conjugal rights. Now the petitioner is living with her 10 year old child.

4. Considering the fact that the petitioner is living with her 10 year old child, this Court is inclined to transfer the H.M.O.P No. 318 of 2022 pending on the file of the Sub- Court, Alandur, to IV Additional Family Court, Chennai.

5. Accordingly, the present Tr.C.M.P. is allowed and the H.M.O.P.No.318 of 2022 pending on the file of the Sub Court, Alandur is withdrawn and transferred to the file of the IV Additional Family Court, Chennai. Further, the Sub Court, Alandur is directed to transfer the records in connection with H.M.O.P No. 318 of 2022, to the IV Additional Family Court, Chennai, within a 2/4

period of four weeks from the date of receipt of a copy of this order and also conduct the case along with E.P No. 22 of 2022. No costs. Consequently connected miscellaneous petition is closed.

07.03.2023 Index : Yes/No Internet : Yes/No pbl To 1.The Sub court, Alandur,

2. The IV Additional Family Court, Chennai.

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T.V.THAMILSELVI, J.

pbl TR.CMP.No.101 of 2023 & CMP No. 2172 of 2023 07.03.2023 4/4