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Madras High CourtTR CMP/535/2014allowed

A.S.Nandhini v. S.N.Shanmughavel

2015-09-04Honourable Mr Justice D. Hariparanthaman2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.09.2015

CORAM

THE HONOURABLE THIRU JUSTICE D.HARIPARANTHAMAN Tr.C.M.P.No.535 of 2014 & M.P.No.1 of 2014 A.S.Nandhini

...Petitioner

v.

S.N.Shanmughavel

...Respondent

Tr.C.M.P. filed under section 24 of C.P.C., to withdraw HMOP No.40 of 2014 on the file of Subordinate Court, Tiruppur and transfer the same to the Subordinate Judge, Aruppukottai. For Petitioner : Mr.S.N.J.Hariharan For Respondent : Mr.S.Nambi Arooran

O R D E R

The petitioner is the wife of the respondent. The respondent filed HMOP No.40 of 2014 on the file of Subordinate Court, Tiruppur to declare the marriage between the petitioner the respondent as null and void.

2. The petitioner has filed the above Transfer C.M.P. to withdraw HMOP No.40 of 2014 from the file of the Subordinate Court, Tiruppur and to transfer the same to the Subordinate Court, Aruppukottai.

3. The learned counsel for the respondent vehemently opposed this petition.

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 HMOP No.40 of 2014 from the file of the Subordinate Court, Tiruppur and transfer the same to the Subordinate Court, Aruppukottai. https://hcservices.ecourts.gov.in/hcservices/

The Transfer C.M.P is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar svki To

1. The Sub Judge, Tiruppur.

2. The Sub Judge, Aruppukottai.

1 CC to Mr.V.Nicholas, Advocate SR.No. 47861 1 CC to Mr.S.Nambi Arooran, Advocate SR.No.47905 Tr.C.M.P.No.535 of 2014 LRS (CO) PSI (22.09.2015) https://hcservices.ecourts.gov.in/hcservices/