Y.Raja Abirami v. K.Yogesh Kumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.09.2015

CORAM

THE HONOURABLE THIRU JUSTICE D.HARIPARANTHAMAN Tr.C.M.P.No.433 of 2014 & M.P.No.1 of 2014 Y.Raja Abirami ... Petitioner/Respondents vs.

K.Yogesh Kumar

...Respondent/Petitioner

Tr.C.M.P. filed under section 24 of C.P.C., to withdraw the case in H.M.O.P.No.66 of 2014 from the file of Principal Subordinate Judge, Chengalpet to the file of the III Additional Family Court, Chennai for trying the case together with O.P.No.2529/14 pending on the file of the III Additional Family Court, Chennai.

For Petitioner : Mr.A.Edwin Prabakar For Respondent : Mr.S.S.Swaminathan

O R D E R

The petitioner is the wife of the respondent. The respondent filed HMOP No.66 of 2014 on the file of Principal Sub-Court, Chengalpet for divorce. While so, the petitioner filed H.M.O.P.No.2529 of 2014 on the file of the III Additional Family Court, Chennai, for restitution of conjugal rights.

2. The petitioner has filed the above Transfer C.M.P. to withdraw H.M.O.P.No.66 of 2014 from the file of Principal SubCourt, Chengalpet and to transfer the same to the file of III Additional Family Court, Chennai, to be tried along with O.P.No.2529 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 H.M.O.P.No.66 of 2014 from the file of Principal Sub-Court, Chengalpet and transfer the same to the file of III Additional Family Court, Chennai, to be tried along with O.P.No.2529 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. -sdAssistant Registrar(co) //True copy// Sub Assistant Registrar svki To

1. The Principal Sub-Court, Chengalpet

2. The III Additional Family Court, Chennai.

+1 cc to Mr.A.EdwinPrabakar,Advocate(sr.57450) +1 cc to Mr.S.s.Swaminathan,Advocate(sr.51567) Tr.Cmp.No.433 of 2014 ppa(co) cp 08/10/2015 https://hcservices.ecourts.gov.in/hcservices/