S. Rajalakshmi v. S. Thillaiappan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.04.2024

CORAM

THE HON'BLE MR.JUSTICE V. LAKSHMINARAYANAN and C.M.P.No.8825 of 2023 S.Rajalakshmi ...

Petitioner Vs S.Thillaiappan ...

Respondent Prayer : Petition filed under Section 24 of the Code of Civil Procedure praying to withdraw the H.M.O.P.No.298 of 2022 from the file of the Principal Sub Court, Tiruchirapalli and transfer the same to the file of the Sub Court, Tambaram to be tried along with H.M.O.P.No.229 of 2022. For Petitioner : Mr.A.Arulmozhi For Respondent : Mr.G.Vadivel

O R D E R

The present transfer petition seeks for transfer of the proceedings in H.M.O.P.No.298 of 2022 from the file of the Principal Subordinate Judge, Tiruchirapalli to the file of the Subordinate Court at Tambaram. 1/1

2. The husband and wife are already before the Court in H.M.O.P.No.229 of 2022. This petition was presented on 19.07.2022. To this petition, a counter was also filed on 23.08.2022. After having filed a counter before the Subordinate Judge at Tambaram, the husband has filed a petition for restitution of conjugal rights in November 2022 before the Subordinate Judge at Trichirapalli.

3. To avoid conflicting judgments, it is better that the divorce petition and the petition for restitution of conjugal rights are tried together. Further, the husband by filing a counter submitted to the jurisdiction of the Court at Tambaram. It is only thereafter he moves the Court in Tiruchirapalli.

4. Taking into consideration the overall circumstances, H.M.O.P.No.298 of 2022 is withdrawn from the Principal Sub Court at Tiruchirapalli and transferred to be heard along with H.M.O.P.No.229 of 2022 which is at the stage of enquiry.

5. The Tr.C.M.P. stands allowed. No costs. Consequently, 2/2

connected miscellaneous petition is closed.

05.04.2024 Index : Yes/No Sgl To 1.The Principal Sub Court, Tiruchirapalli.

2.The Sub Court, Tambaram.

3/3

V. LAKSHMINARAYANAN, J.

Sgl 05.04.2024 4/4