Madras High CourtTR CMP/537/2014disposed of

N.Nathiya v. M.Karthick

2015-03-19Honourable Mr Justice N. Kirubakaran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:19-3-2015

CORAM

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN Tr.CMP.No.537 of 2014 N.Nathiya

...Petitioner

Versus

M.Karthick

...Respondent

This petition is filed under Section 24 of C.P.C. to withdraw and transfer the HMOP.No.493 of 2011 on the file of Sub Court Tambaram to be tried and heard along with HMOP.No.79 of 2012 on the file of Sub Court, Theni.

For Petitioner : Mr.T.Panchatsaram

ORDER

The wife has come before this Court seeking to withdraw HMOP.No.493 of 2011 filed by the respondent for divorce against the petitioner from the file of Sub Court, Tambaram and transfer the same to the file Sub-Court Theni where HMOP.No.79 of 2012 filed by the wife for restitution of conjugal rights is pending. 2.

Though the respondent was served with the notice and his name appears in the cause list, no one enterers appearance. Therefore, this court proceeds to decide the matter on merits. 3.

The petitioner is living with her parents in Theni along with her minor child and therefore, it is impossible for her to travel from Theni to Tambaram, which is located 500 kilometers away from Theni. Therefore, HMOP.No.493 of 2011 filed by the respondent is withdrawn and the same is transferred to the file of Sub- Court, https://hcservices.ecourts.gov.in/hcservices/

Theni to be tried along with HMOP.No.79 of 2012. The Sub-Court, Theni is directed to dispose of both the matters at the earliest. 4.

With the above, the transfer petition is disposed of. No costs. Consequently the connected M.P.No.1 of 2014 is closed. Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar vk To 1.Sub Court, Tambaram.

2.Sub Court, Theni.

1 CC to Mr.T.Panchatsaram, Advocate SR.No. 16185 Tr.CMP.No.537 of 2014 KJI (CO) PSI (06.04.2015) https://hcservices.ecourts.gov.in/hcservices/