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Madras High CourtTR CMP/665/2017disposed of

R.Pradhima v. G.Thiruloganchandran

2017-12-18Honourable Mrs Justice Pushpa Sathyanarayana2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.12.2017

CORAM

THE HONOURABLE MRS. JUSTICE PUSHPA SATHYANARAYANA Tr.CMP.No.665 of 2017 R.Pradhima

...Petitioner

Versus

G.Thirulogachandran

...Respondent

Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw H.M.O.P.No.1 of 2017 from the file of Sub-ordinate Court, Arrokonam and transfer to the file of Sub-ordinate Court, Tambaram, to conduct trial along with H.M.O.P.No.796 of 2016 pending on the file of the same Court.

For Petitioner : Ms.Anitha P Jason For Respondent : Mr.R.Vijayakumar

O R D E R

This Transfer Civil Miscellaneous Petition is filed by the Wife in a Matrimonial proceedings, seeking to withdraw H.M.O.P.No.1 of 2017 from the file of the Sub-ordinate Court, Arrokonam and transfer to the file of the Sub-ordinate Court, Tambaram, to be tried along with H.M.O.P.No.796 of 2016, which is pending before the same Court.

2. It is stated in the affidavit that the petitioner/wife is living in Perungalathur and the respondent/husband is living in Arrakonam. The petitioner had filed H.M.O.P.No.796 of 2016 on the file of Sub-ordinate Court, Tambaram for restitution of conjugal rights, whereas the respondent/husband had filed H.M.O.P.No.1 of 2017 on the file of Sub-ordinate Court, Arrokonam, for divorce.

3. In paragraph 8 of the affidavit filed in support of the petition, the petitioner has contended that it is very difficult to travel from Perungalathur to Arrokonam for every hearing of the case and therefore, seeks transfer of H.M.O.P.No.1 of 2017 from the file of Sub-ordinate Court, Arrokonam to the file of Sub-ordinate Court, Tambaram, in order to avoid conflict of decisions.

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4. Considering the convenience of the petitioner/wife and in order to avoid any conflict of decisions, this Court feels it appropriate to transfer H.M.O.P.No.1 of 2017 from the file of Sub-ordinate Court, Arrokonam to the file of Sub-ordinate Court, Tambaram.

5. Accordingly, the Transfer Civil Miscellaneous Petition is allowed and H.M.O.P.No.1 of 2017 pending on the file of Subordinate Court, Arrokonam is to be withdrawn and transferred to the file of Sub-ordinate Court, Tambaram, to be tried along with H.M.O.P.No.796 of 2016. No costs.

Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar raja To

1. The Sub-ordinate Court, Arrokonam.

2. The Sub-ordinate Court, Tambaram.

+1cc to Mr.ANITA P JASON Advocate, S.R.No. 90039 +1cc to Mr.R.VIJAYAKUMAR Advocate, S.R.No. 91203 Tr.CMP.No.665 of 2017 KAN(CO) TR(11/01/2018) https://hcservices.ecourts.gov.in/hcservices/