Rekha v. Senthilkumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.04.2018 CORAM :

THE HONOURABLE MS. JUSTICE V.M.VELUMANI Tr.C.M.P. No.974 of 2017 and C.M.P.No.19704 of 2017 Rekha ... Petitioner Vs.

Senthilkumar ... Respondent Prayer:- Petition has been filed under Section 24 of C.P.C., to withdraw H.M.O.P.No.17 of 2017 from the file of the Family Court, Karaikal and transfer the same to the file of the Sub Court, Tiruvarur.

For Petitioner : Mr.S.Sounthar For Respondent : No appearance

O R D E R

This petition is filed to withdraw H.M.O.P.No.17 of 2017 from the file of the Family Court, Karaikal and transfer the same to the file of the Sub Court, Tiruvarur.

2. The petitioner is the wife and respondent is the husband. The marriage between the petitioner and respondent was conducted on 23.11.2012 as per Hindu rites and customs. Due to dispute, both of them are living separately. The respondent filed H.M.O.P.No.17 of 2017 for restitution of conjugal rights, on the file of the Family Court, Karaikal. The petitioner filed H.M.O.P.No.63 of 2017 for declaring the marriage as null and void, on the file of the Sub Court, Tiruvarur.

3. According to the petitioner, she is residing in Tiruvarur. Hence, it is difficult for her to attend the Court at Karaikal as she is facing life threat at the hands of the respondent. Therefore, she prays for transfer of H.M.O.P.No.17 of 2017 from the file of the Family Court, Karaikal, to the file of the Sub Court, Tiruvarur.

4. Heard the learned counsel for the petitioner. Though the respondent entered appearance, there is no representation for him either in person or through counsel.

5. Considering the submissions made by the learned counsel for the petitioner, the petition in H.M.O.P.No.17 of 2017 is ordered

to be withdrawn from the file of the Family Court, Karaikal and transferred to the file of the Sub Court, Tiruvarur to be tried along with H.M.O.P.No.63 of 2017. The Presiding Officer, Family Court, Karaikal, is directed to transmit all the records pertaining to H.M.O.P.No.17 of 2017 to the file of the Sub Court, Tiruvarur, within a period of two weeks from the date of receipt of a copy of this order.

6. Accordingly, this Transfer Civil Miscellaneous petition is ordered. No costs. Consequently, connected Miscellaneous Petition is closed.

09.04.2018 Index : Yes/No Speaking Order/Non-speaking order smi To 1.The Family Court, Karaikal.

2.The Sub Court, Tiruvarur.

V.M.VELUMANI, J.

smi Tr.C.M.P. No.974 of 2017 and C.M.P.No.19704 of 2017 09.04.2018