Mrs.Vijaya Priya v. Mr.G.Kumaran

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.09.2015

CORAM

THE HONOURABLE THIRU JUSTICE D.HARIPARANTHAMAN Tr.C.M.P.No.555 of 2015 & M.P.No.1 of 2015 Vijaya Priya

...Petitioner

v.

G.Kumaran

...Respondent

Tr.C.M.P. filed under section 24 of C.P.C., to withdraw the case in F.C.O.P.No.57 of 2015 from the file of Principal Family Judge, Chengalpet and transfer the same to the Sub-Judge, Poonamallee to be tried along with H.M.O.P.No.324 of 2014. For Petitioner : Mr.R.Muthukumar For Respondent : No appearance

O R D E R

The petitioner is the wife of the respondent. The respondent filed H.M.O.P.No.204 of 2013 on the file of Sub-Court, Chengalpet for dissolution of marriage. Subsequently, it was transferred to Principal Family Court, Chengalpattu and re-numbered as F.C.O.P.No.57 of 2015. While so, the petitioner filed H.M.O.P.No.324 of 2014 on the file of the Sub-Court, Poonamallee, for restitution of conjugal rights.

2. The petitioner has filed the above Transfer C.M.P. to withdraw F.C.O.P.No.57 of 2015 from the file of Principal Family Court, Chengalpet and to transfer the same to the file of SubCourt, Poonamallee, to be tried along with H.M.O.P.No.324 of 2014.

3. Though notice was served on the respondent, he has not chosen to appear.

4. 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.

5. In these circumstances, I direct for withdrawal of F.C.O.P.No.57 of 2015 from the file of Principal Family Court, Chengalpet and transfer the same to the file of Sub-Court, Poonamallee, to be tried along with H.M.O.P.No.324 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/- Asst.Registrar (Records ) /true copy/ Sub Asst. Registrar svki To

1. The Principal Family Court, Chengalpet 2.The Sub-Court, Poonamallee 1 cc to M/s.R. Muthukumar, Advocate, Sr. 51600 Tr.C.M.P.No.555 of 2015 ALA (CO) kk 5/10 https://hcservices.ecourts.gov.in/hcservices/