S.Rajeswari v. U.Sathiskumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN TR.CMP.NO.361 OF 2021 AND C.M.P.NO.8404 OF 2021 S.Rajeswari ... Petitioner .Vs.

U.Sathiskumar ... Respondent PRAYER:- Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of Civil Procedure, 1908, to withdraw the FCOP No.87 of 2021 on the file of the Family Court, Erode and transfer the same to the Sub Court, Virudhunagar for being tried along with H.M.O.P.No.40 of 2021.

For Petitioner :

Mr.R.Harikrishnan For Mr.Swarnam J.Rajagopalan For Respondent :

Mr.Govind Chandrasekar

O R D E R

The petitioner/wife seeks transfer of FCOP No.87 of 2021 on the file of the Family Court, Erode to the Sub Court, Virudhunagar to be tried along with HMOP.No.40 of 2021 filed by the wife under Section 9 of the Hindu Marriage Act, seeking restitution of conjugal rights pending on its file.

2. The counsel for the respondent/husband has no objection for transfer of proceedings. However, he would submit that the husband should not be required to appear before the Sub Court for every hearing.

3. The proceedings before the Sub Court does not require the appearance of parties for every hearing and the parties can be represented through counsel for non essential hearings. https://hcservices.ecourts.gov.in/hcservices/

4. In view of the above, FCOP No.87 of 2021 is withdrawn from the file of the Family Court, Erode and transferred to the Sub Court, Virudhunagar to be tried and disposed of along with HMOP No.40 of 2021 pending on its file The Transfer CMP is allowed accordingly. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar vum To 1.

The Judge, The Family Court, Erode.

2.

The Subordinate Judge, Virudhunagar.

+1cc to Mr.Govind Chandrasekar, Advocate, S.R.No.62586 TR.CMP.NO.361 OF 2021 AND C.M.P.NO.8404 OF 2021 AJS(CO) PBS/13/12/2021 https://hcservices.ecourts.gov.in/hcservices/