Sashi Rekha v. Shivakumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.09.2015

CORAM

THE HONOURABLE THIRU JUSTICE D.HARIPARANTHAMAN Tr.C.M.P.No.496 of 2014 & M.P.No.1 of 2014 Sashi Rekha ... Petitioner v.

Shivakumar ... Respondent Tr.C.M.P. filed under section 24 of C.P.C., to transfer the case in H.M.O.P.No.16 of 2014 pending on the file of learned SubOrdinate Court at Paramakudi, Ramanathapuram District, to the file of learned Sub-Ordinate Court, Tambaram, Kancheepuram District. For Petitioner : Mr.S.Arivazhagan For Respondent : No appearance

O R D E R

The petitioner is the wife of the respondent. The respondent filed HMOP No. 16 of 2014 on the file of Sub-Court, Paramakudi for restitution of conjugal rights.

2. The petitioner has filed the above Transfer C.M.P. to withdraw H.M.O.P.No.16 of 2014 from the file of Sub-Court, Paramakudi and to transfer the same to the file of Sub-Court, Tambaram.

3. Though notice was served on the respondent, he has not chosen to appear.

4. 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.

5. In these circumstances, I direct for withdrawal of H.M.O.P.No.16 of 2014 from the file of Sub-Court, Paramakudi and transfer the same to the file of Sub-Court, Tambaram. 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 https://hcservices.ecourts.gov.in/hcservices/

To

1. The Sub Judge, Paramakudi

2. The Sub Judge, Tambaram + 1 cc to Mr.S.Arivazhagan, Advocate SR.47834 Tr.C.M.P.No.496 of 2014 AK(CO) Eu 24.09.15 https://hcservices.ecourts.gov.in/hcservices/