Mageshwary v. Sathish Kumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.09.2015

CORAM

THE HONOURABLE THIRU JUSTICE D.HARIPARANTHAMAN Tr.C.M.P.No.362 of 2014 & M.P.No.1 of 2014 Mageshwary ... Petitioner Vs.

Sathish Kumar ... Respondent Tr.C.M.P. filed under section 24 of C.P.C., withdraw HMOP No.158 of 2014 pending on the file of Hon'ble Family Court at Dindigul and transfer the same to the Hon'ble Sub-Judge at Tambaram having jurisdiction to try the same along with HMOP No.216 of 2014 pending on the file of Hon'ble Sub-Judge at Tambaram. For Petitioner : No appearance For Respondent : No appearance

O R D E R

The petitioner is the wife of the respondent. The petitioner filed HMOP No.216 of 2014 on the file of Sub-Court, Tambaram for restitution of conjugal rights, whereas the respondent filed HMOP No.158 of 2014 on the file of Family Court, Dindigul for divorce.

2. The petitioner has filed the above Transfer C.M.P. to withdraw HMOP No.158 of 2014 from the file of Family Court, Dindigul and transfer the same to the file of Sub-Court, Tambaram to be tried along with HMOP No.216 of 2014.

3. In view of section 19(iii-a) of the Hindu Marriage Act, H.M.O.P. may be tried at the place where the wife resides.

4. In these circumstances, I direct for withdrawal of HMOP No.158 of 2014 from the file of Family Court, Dindigul and transfer the same to the file of Sub-Court, Tambaram to be tried along with HMOP No.216 of 2014.

https://hcservices.ecourts.gov.in/hcservices/

The Transfer C.M.P is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar svki To

1. The Judge, Family Court, Dindigul

2. The Sub Judge, Tambaram.

Tr.C.M.P.No.362 of 2014 TS(CO) CA(22/09/2015) https://hcservices.ecourts.gov.in/hcservices/