Mrs.M.Kala @ Kalaivani v. Mr.A.Sabarigurunathan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.09.2015

CORAM

THE HONOURABLE THIRU JUSTICE D.HARIPARANTHAMAN Tr.C.M.P.No.701 of 2014 & M.P.No.1 of 2014 M.Kala @ Kalaivani

...Petitioner

v.

A.Sabarigurunathan

...Respondent

Tr.C.M.P. filed under section 24 of C.P.C., to withdraw H.M.O.P.No.102 of 2014 from the file of the Sub-Court, Tuticorin and transfer the same to the II Additional Family Court, Chennai and try along with H.M.O.P.No.2769 of 2014 pending on the file of II Additional Family Court, Chennai.

For Petitioner : Mr.C.Ajith Kumar For Respondent : Mr.P.Selvan Amunas

O R D E R

The petitioner is the wife of the respondent. The respondent filed HMOP No.102 of 2014 on the file of Sub-Court, Tuticorin for divorce. While so, the petitioner filed H.M.O.P.No.2769 of 2014 on the file of the II Additional Family Court, Chennai, for restitution of conjugal rights.

2. The petitioner has filed the above Transfer C.M.P. to withdraw H.M.O.P.No.102 of 2014 from the file of the Sub-Court, Tuticorin and to transfer the same to the file of II Additional Family Court, Chennai, to be tried along with H.M.O.P.No.2769 of 2014.

3. 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.

4. In these circumstances, I direct for withdrawal of H.M.O.P.No.102 of 2014 from the file of Sub-Court, Tuticorin and transfer the same to the file of II Additional Family Court, Chennai to be tried along with H.M.O.P.No.2769 of 2014. 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(J) //True Copy// Sub Assistant Registrar svki To

1. The Sub-Court, Tuticorin

2. The II Additional Family Court, Chennai.

+1cc to M/s. C. Ajithkumar, Advocate, S.R.No.51173 SK(CO) EU(06/10/2015) Tr.C.M.P.No.701 of 2014 https://hcservices.ecourts.gov.in/hcservices/