P. Reghupathy v. Senbaga Priya

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.04.2024

CORAM

THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and C.M.P.No.2706 of 2024 P.Raghupathy .. Petitioner Vs.

Senbaga Priya .. Respondent Prayer : The Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the proceedings in H.M.O.P.No.118 of 2022 on the file of the learned Sub Judge at Palladam and transfer the same to the file of the learned Principal Family Judge at Coimbatore and club it together with H.M.O.P.No.1647 of 2023 on the file of the learned Principal Family Judge at Coimbatore. For Petitioner : Mr.K.Selvakumar For Respondent : Mr.S.Kumaresan Page No 1 of 4

ORDER

The husband has moved this petition to transfer the case initiated by him in H.M.O.P.No.118 of 2022 on the file of the Sub Court at Palladam to the file of the Principal Family Court at Coimbatore.

2. The wife has initiated a proceeding in H.M.O.P.No.1647 of 2023, for the purpose of restitution of conjugal rights, before the Principal Family Court at Coimbatore. Prior to the said proceedings, the husband has moved a proceeding before the Sub Court at Palladam seeking divorce in H.M.O.P.No.118 of 2022. In order to avoid conflicting judgments, it is the interest of the parties that both the proceedings are heard by the same Judge.

3. Therefore, I am inclined to allow this transfer petition. Hence, the proceedings in H.M.O.P.No.18 of 2022 which is now pending on the file of the Sub Court at Palladam is withdrawn and it shall stand transferred to the file of the Principal Family Court at Coimbatore and shall be heard and disposed of along with H.M.O.P.No.1647 of 2023.

4. Accordingly, the Transfer Civil Miscellaneous Petition stands Page No 2 of 4

allowed. No costs. Consequently, connected Civil Miscellaneous Petition is closed.

17.04.2024 mkn2 Index:Yes/No Speaking Order :Yes/No To 1.The Sub Court , Palladam 2.The Principal Family Court, Coimbatore Page No 3 of 4

V. LAKSHMINARAYANAN, J.

mkn2 and C.M.P.No.2706 of 2024 17.04.2024 Page No 4 of 4