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Madras High CourtTR CMP/391/2024dismissed as infructuous

R.Pradeepa v. N.Suresh @ Dharmaraj

2025-01-24Honourable Mr Justice V. Lakshminarayanan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.01.2025 CORAM :

THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN & C.M.P.No.8237 of 2024 R.Pradeepa .. Petitioner Vs N.Suresh @ Dharmaraj .. Respondent Prayer: Transfer Civil Miscellaneous Petition is filed under Section 24 of the C.P.C., to withdraw the case in H.M.O.P.No.418 of 2022 pending on the file of the learned Additional Principal Judge, Family Court, Coimbatore and transfer the same to the file of the Subordinate Court, Sathyamangalam, to try along with H.M.O.P.No.128 of 2022 pending on its file.

For Petitioner : Mr.Umashankar for Mr.M.Guruprasad 1/4

O R D E R

When the case was taken up for hearing, Mr.Umashankar representing Mr.M.Guruprasad brings to my notice that on 04.12.2024, H.M.O.P.No.128 of 2022 filed by the wife seeking for divorce has been allowed by the learned Subordinate Judge at Sathyamangalam. Hence, the question of transferring the proceedings initiated by the husband from the file of the Additional Principal Family Court, Coimbatore to the file of the Subordinate Court, Sathyamangalam for joint trial does not arise. In the event, the exparte decree in H.M.O.P.No.128 of 2022 is set aside, it is open to the wife to move a fresh transfer petition. 2.With the above observations, the transfer petition is dismissed as infructuous. No costs. Consequently, connected miscellaneous petition is closed.

24.01.2025 Index:Yes/No Speaking order/Non-speaking order kj 2/4

To 1.The Additional Principal Family Court, Coimbatore. 2.The Subordinate Judge at Sathyamangalam.

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V. LAKSHMINARAYANAN,J.

Kj & C.M.P.No.8237 of 2024 24.01.2025 4/4