Madras High CourtTR CMP/19/2018disposed of

V. Deepa v. C. Vigneshwaran

2018-03-22Honourable Mrs Justice Pushpa Sathyanarayana2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.03.2018 CORAM :

THE HONOURABLE Mrs. JUSTICE PUSHPA SATHYANARAYANA Tr.C.M.P. No.19 of 2018 and C.M.P.No.541 of 2018 V. Deepa ... Petitioner versus Dr.C.Vigneshwaran ... Respondent Prayer:- The Petition is filed under Section 24 of Civil Procedure Code praying to withdraw the H.M.O.P.No.228 of 2017 pending on the file of the Principal Subordinate Court, Cuddalore and transfer the same to the file of Family Court, Salem.

For Petitioner :

Mr.N.A.Ravindran For Respondent :

Mr.N.Suresh

O R D E R

The Transfer Civil Miscellaneous Petition is filed by the petitioner/wife in the matrimonial proceedings seeking to withdraw H.M.O.P.No.228 of 2017 filed by the respondent/husband under Section 9 of the Hindu Marriage Act for restitution of conjugal rights, pending on the file of Principal Subordinate Court, Cuddalore and transfer the same to the file of Family Court, Salem.

2. It is stated by the petitioner/wife in the affidavit that she is living with her parents in Salem and she has also got a small child and it would be difficult for her to travel from Salem to Cuddalore for the purpose of hearing. Hence, the transfer is sought for.

3. Heard the learned counsel for the petitioner and the learned counsel for the respondent.

4. The learned counsel for the respondent/husband had filed counter and stated that there is a threat of assault, if the https://hcservices.ecourts.gov.in/hcservices/

case is transferred to Salem. After some arguments, the counsels have agreed that the H.M.O.P. may be transferred to Subordinate Court, Kallakurichi, which would be convenient for both the parties.

5. Accordingly, with the consent of both counsels, the Transfer Civil Miscellaneous petition is disposed of and H.M.O.P.No.228 of 2017, pending on the file of Principal Subordinate Court, Cuddalore is transferred to the file of Subordinate Court, Kallakuruchi. No Costs. Consequently, connected miscellaneous petition is closed.

Sd/- Asst.Registrar (CS VI ) /true copy/ Sub Asst. Registrar To

1. The Principal Subordinate Judge, Cuddalore.

2. The Subordinate Judge, Kallakurichi.

+1cc to Mr.N.Suresh, Advocate sr.no.21995 Tr.C.M.P. No.19 of 2018 and C.M.P.No.541 of 2018 nr 12/04/2018 https://hcservices.ecourts.gov.in/hcservices/