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Madras High CourtTR CMP/518/2014disposed of

M.Ramya v. Mahesh @ A.Tamilmaran

2015-07-20Honourable Mr Justice N. Kirubakaran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.07.2015

CORAM

THE HONOURABLE MR. JUSTICE N.KIRUBAKARAN Tr.C.M.P. No. 518 of 2014 & M.P. No. 1 of 2014 M. Ramya ..

Petitioner Vs.

Mahesh @ A. Tamilmaran .. Respondent Prayer:

Petition filed u/s. 2407 CPC to withdraw H.M.O.P. No. 149 of 2014 pending on the file of II Additional Sub court, Villupuram and transfer the same to the file of Family Court, Dharmapuri, to be tried along with H.M.O.P. No. 186 of 2014.

For Petitioner ::

V.R. Anna Gandhi For Respondent ::

Mrs.R. Meenal

O R D E R

The transfer petition is filed by the wife seeking transfer of H.M.O.P. No. 149 of 2014 filed by the respondent/husband under Section 9 of Hindu Marriage Act for restitution of conjugal rights before the II Additional Sub Court, Villupuram, to the file of Family Court, Dharmapuri, to be tried along with H.M.O.P. No. 186 of 2014 filed by the petitioner/wife seeking divorce. 2.

Taking note of the young age of the parties, this Court directed them to be present before this Court and the matter was conciliated. At the instance of the learned counsel for both parties, a settlement was reached by which both the parties agreed to live together.

3.

In the last hearing, i.e, on 15.07.2015, the parties were present and they made an endorsement in the bundle itself that they are living together.

4.

In view of the settlement arrived at between the parties and the endorsement made by them, no useful purpose will be served by keeping the two H.M.O.Ps pending. Therefore, exercising the https://hcservices.ecourts.gov.in/hcservices/

power under Article 227 of the Constitution of India, this Court withdraws the two H.M.O.Ps, namely, H.M.O.P. No. 149 of 2014 filed by the respondent/husband under Section 9 of Hindu Marriage Act for restitution of conjugal rights before the II Additional Sub Court, Villupuram and H .M.O.P. No. 186 of 2014 filed by the petitioner/wife seeking divorce, before the Family Court, Dharmapuri and disposes them off by this order, as unnecessary.

5.

The transfer C.M.P. is disposed of accordingly. No costs. Connected M.P. is closed.

Sd/- Asst.Registrar (CO) /true copy/ Sub Asst. Registrar nv To

1) The IInd Additional Sub-ordinate Judge, The II Additional Sub Court, Villupuram

2) The Judge, The Family Court, Dharmapuri.

+1 cc to Mr.V.R.AnnaGandhi, Advocate,sr.36545, +1 cc to Mrs.R.Meenal, Advocate, sr.36645.

Tr.C.M.P. No. 518 of 2014 ev(co) kra(03/08) https://hcservices.ecourts.gov.in/hcservices/