S.Sankaran v. S.Devi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.06.2025

CORAM

THE HONOURABLE MR JUSTICE P.B. BALAJI TR CMP. No.153 of 2025 and CMP. No.3092 of 2025 S.Sankaran Petitioner(s) Vs S.Devi Respondent(s) PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24 of Code of Civil Procedure to withdraw the HMOP. No.16 of 2024, on the file of Principal Sub Judge, Virudhachalam to be tried and heard along with HMOP. No.347 of 2024, on the file of Sub Court, Alandur. For Petitioner : Mr.E.Yuvarani For Respondent : Mr.M.Saravanakumar

ORDER

The petitioner/husband seeks transfer of HMOP. No.16 of 2024, on the file of Principal Sub Judge, Virudhachalam to be tried and heard along with HMOP. No.347 of 2024, on the file of Sub Court, Alandur. 2.Heard Mrs.E.Yuvarani, learned counsel for the petitioner and Mr.M.Saravanakumar, learned counsel for the respondent. 1/4

3. The respondent/wife has sought restitution of conjugal rights and filed HMOP No.347 of 2024 before the Sub Court, Alandur and the husband/revision petitioner seeking dissolution of marriage has filed HMOP. No.16 of 2024 before the Principal Sub Judge, Virudhachalam.

4. I have gone through the averments set out in the affidavit filed in support of the petition and I am satisfied with the reasons assigned in the affidavit and the petitioner has made out a prima facie case for seeking transfer as prayed for.

5. In the light of the above, this Transfer Civil Miscellaneous Petition is allowed. Considering the convenience of the wife, the proceedings before the Sub Court, Virudhachalam in HMOP. No.16 of 2024 is withdrawn and the same to be tried along with HMOP. No.347 of 2024 on the file of the Sub Court, Alandur. There shall be no order as to costs. Connected Civil Miscellaneous Petition is closed. 20.06.2025 Speaking/Non-speaking : Yes/No Index : Yes / No rkp 2/4

To 1.The Principal Sub Judge, Virudhachalam.

2.The Sub Judge, Alandur.

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P.B.BALAJI.J., rkp TR CMP. No.153 of 2025 and CMP. No.3092 of 2025 20.06.2025 4/4