← Library
Madras High CourtTR CMP/221/2023disposed of

Yogeswari v. Muthukumaran

2023-03-23Honourable Mrs Justice T.V.Thamilselvi4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.03.2023 CORAM :

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI TR.CMP No.221 of 2023 & CMP No. 4942 of 2023 Yogeswari ....Petitioner -VsMuthukumaran ....

Respondent Prayer : Transfer Civil Miscellaneous Petition under Section 24 of C.P.C., to withdraw H.M.O.P No.168 of 2022 pending on the file of the Sub Court, Ambasamudram, Tirunelveli District and transfer the same to the file of the Family Court at Chennai.

For Petitioner : Mr.A.Thirumaran For Respondent : Not appeared

O R D E R

This petition has been filed to withdraw H.M.O.P No.168 of 2022 pending on the file of the Sub Court, Ambasamudram, Tirunelveli District and transfer the same to the file of the Family Court at Chennai. 1/4

2. Heard the learned counsel for the petitioner. Despite service of private notice there is no representation on the side of the respondent.

3. It is seen from the records that the respondent filed H.M.O.P No.168 of 2022 on the file of the Sub Court, Ambasamudram, Tirunelveli District, for restitution of conjugal rights. Now the petitioner living in chennai under the care of his parents and also the distance between Chennai and Ambasamudram is nearly about 656 Kilometers.

4. Considering the above, this Court is inclined to transfer H.M.O.P No.168 of 2022 pending on the file of the Sub Court, Ambasamudram, to the file of the Family Court, Chennai.

5. Accordingly, the present Tr.C.M.P. is disposed of and the HMOP No.168 of 2022, pending on the file of the Sub Court, Ambasamudram, is withdrawn and transferred to the file of the Family Court, Chennai. Further the Sub Court, Ambasamudram, is directed to transfer the records in connection with HMOP No. 168 of 2022, to the file of the Family Court, Chennai, within a period of three weeks from the date of receipt of a copy of this order. Further both the 2/4

parties are directed to appear before the Family Court, Chennai, for mediation not less than five sittings. No costs. Consequently connected miscellaneous petition is closed.

23.03.2023 Index : Yes/No Internet : Yes/No pbl To 1.The Sub Court, Ambasamudram.

2.The Family Court, Chennai.

3/4

T.V.THAMILSELVI, J.

pbl TR.CMP.No.221 of 2023 & CMP No. 4942 of 2023 23.03.2023 4/4