Madras High CourtCMP/848/2018disposed of

The Govt Of Tamilnadu v. A.Rajammal

2018-01-12Honourable Mr Justice Rmt. Teekaa Raman,Honourable Mr Justice Huluvadi G. Ramesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 06.02.2019

CORAM

THE HONOURABLE JUSTICE M.GOVINDARAJ, J.

Tr.C.M.P.No.848 of 2018 & CMP.No.20947 of 2018 Divya .. Petitioner -vsV.Venkatesh Kumar .. Respondent Prayer: Transfer Civil Miscellaneous Petition filed praying to withdraw the petition in HMOP.No.90 of 2018 on the file of the Principal SubCourt, Thiruvannamalai and transfer the same to Principal Sub-Court, Chengalpet.

For Petitioner : Mr.S.Anburaja For Respondent : No appearance

O R D E R

This petition is filed seeking to withdraw the petition in HMOP.No.90 of 2018 pending on the file of the Principal Sub-Court, Thiruvannamalai and transfer the same to Principal Sub-Court, Chengalpet.

2. The petitioner is the wife of the respondent husband. Originally the respondent husband filed a petition for restitution of conjugal rights in HMOP.No.22 of 2016 pending on the file of Subordinate Judge, Thruvannamalai. On an application by the petitioner wife before this Court in Tr.C.M.P.No.115 of 2017, this Court, by its order dated 21.6.2017, HMOP.No.22 of 2016 was withdrawn from the file of Sub Court, Thiruvannamalai and transferred to Sub Court, Chinglepet.

2.1 Thereafter, the petitioner husband filed for restitution of conjugal rights is re-numbered as HMOP.No.69 of 2016 pending before the Sub Court, Chinglepet. While the matter is pending, the respondent husband filed a petition for divorce before the same Sub Court, Thiruvannamalai in HMOP.No.90 of 2018. 2.2 The petitioner is before this Court for transfer of the divorce petition filed by the respondent husband to Principal Sub Court, Chenglepet.

3. Inspite of service of notice, the respondent has not chosen to appear before this Court.

4. Considering the balance of convenience as well as the previous order of transfer passed by this Court in Tr.CMP.No.115 of

2017 dated 21.6.2017 and also the pendency of the HMOP.No.69 of 2018 between the parties before the Principal Sub Court, Chengalpet, this Court is inclined to withdraw the HMOP.No.90 of 2018 pending on the file of Sub Court, Thiruvannamalai and transfer the same to Principal Sub Court, Chenglpet.

5. The Transfer Civil Miscellaneous Petition is ordered accordingly. No costs. Consequently connected CMP.No.20947 of 2018 is closed.

6. The Principal Sub Court, Chenglepet is directed to re-number the case and issue summons to the parties.

06.02.2019 msr Index: Yes/No Internet:Yes/No speaking order/non speaking order

M.GOVINDARAJ, J.

msr Tr.C.M.P.No.848 of 2018 & CMP.No.20947 of 2018 06.02.2019