M.Lalitha v. K.Saravanan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.01.2017

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA Tr.C.M.P.Nos.4 and 8 of 2017 and C.M.P.Nos.182 and 279 of 2017 M.Lalitha .. Petitioner in Tr.C.M.P.No.4 of 2017 K.Saravanan .. Petitioner in Tr.C.M.P.No.8 of 2017 Vs.

K.Saravanan .. Respondent in Tr.C.M.P.No.4 of 2017 M.Lalitha .. Respondent in Tr.C.M.P.No.8 of 2017 Transfer Civil Miscellaneous Petitions filed under Section 24 of the Civil Procedure Code praying to withdraw H.M.O.P.No.111 of 2016 pending on the file of the Subordinate Court at Krishnagiri and transfer the same to the file of the Family Court, Dharmapuri and to try along with H.M.O.P.No.85 of 2016.

For petitioner in Tr.C.M.P.No.4 of 2017 and for respondent in Tr.C.M.P.No.8 of 2017: Mr.C.Prabakaran For respondent in Tr.C.M.P.No.4 of 2017 and for petitioner in Tr.C.M.P.No.8 of 2017: Mr.R.Prabakar

ORDER

The wife in a matrimonial dispute has filed H.M.O.P.No.85 of 2016 on the file of the Family Court, Dharmapuri, for divorce. The husband has filed H.M.O.P.No.111 of 2016 on the file of the Sub-Court, Krishnagiri, for restitution of conjugal rights. Both parties have preferred these Tr.C.M.P.Nos.4 and 8 of 2017 respectively. Both of them are seeking transfer of H.M.O.P.No.111 of 2016 from the file of the Sub-Court, Krishnagiri to the Family Court, Dharmapuri, to be tried along with H.M.O.P.No.85 of 2016. The wife has pleaded inability to go for each of the hearings to Krishnagiri Court and the husband is looking for speedy disposal, if the same is transferred to the wife's place. Besides, the independent trial of both the O.Ps. would lead to conflict of decisions. Learned https://hcservices.ecourts.gov.in/hcservices/

counsel for the respective parties have no objection for allowing the respective Tr.C.M.Ps. Accordingly, both the Tr.C.M.Ps. are allowed as prayed for. H.M.O.P.No.111 of 2016 pending on the file of the Sub-Court, Krishnagiri, shall be transferred to the file of the Family Court, Dharmapuri, to be tried along with H.M.O.P.No.85 of 2016. No costs. C.M.Ps. are closed.

Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar cs Copy to

1. The Subordinate Judge, Krishnagiri

2. The Principal Judge, Family Court, Dharmapuri. +1cc to M/s.C.Prabhakaran, Advocate for the petitioner sr.2666 +1cc to M/s.R.Prabakar, Advocate for the Appellant sr.2662 Tr.C.M.P.Nos.4 and 8 of 2017 kj(co) ss(31/01/2017) https://hcservices.ecourts.gov.in/hcservices/