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Madras High CourtTR CMP/267/2025allowed

Ragavan v. Swetha Sri

2025-03-06Honourable Ms. Justice P.T. Asha4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.03.2025

CORAM

THE HONOURABLE MS. JUSTICE P.T.ASHA and C.M.P.No.5175 of 2025 Ragavan ... Petitioner Vs Swetha Sri ... Respondent PRAYER: Petition filed under Section 24 of the Code of Civil Procedure, to withdraw the H.M.O.P.No.409 of 2024 on the file of the Family Court, Tirupur and transfer the same to the Sub-Court, Mettupalayam.

For Petitioner : Mr.K.Myilsamy

ORDER

The petitioner has filed the above transfer C.M.P seeking to withdraw the H.M.O.P.No.409 of 2024 on the file of the Family Court, Tirupur and transfer the same to the file of the Sub-Court, 1/4

Mettupalayam.

2. The petitioner-husband has filed H.M.O.P.No.409 of 2024 under Section 13(1)(i-a) of the Hindu Marriage Act before the Family Court, Tiruppur, for divorce. The respondent-wife has also filed H.M.O.P.No.111 of 2024 under Section 9 of the the Hindu Marriage Act before the Subordinate Court, Mettupalayam, for restitution of conjugal rights.

3. As the petitioner-husband himself is seeking transfer of H.M.O.P.No.409 of 2024 filed by him to the Sub Court, Mettupalayam where the wife has filed H.M.O.P.No.111 of 2024, no prejudice would be caused to the respondent-wife, if the said H.M.O.P is transferred.

4. Considering the submission made by the learned counsel for the petitioner, the Transfer Civil Miscellaneous Petition is allowed and H.M.O.P.No.409 of 2024, pending on the file of the Family Court, Tiruppur is withdrawn and transferred to the file of the Sub Court, 2/4

Mettupalayam. No Costs. Consequently, connected miscellaneous petition is closed.

06.03.2025 srn To

1. The Family Court, Tirupur.

2.The Sub-Court, Mettupalayam.

3/4

P.T. ASHA, J., srn and C.M.P.No.5175 of 2025 06.03.2025 4/4