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Madras High CourtTR CMP/575/2015allowed

S.P.Mohanaganesh v. A.Krithika

2015-08-31Honourable Mr Justice D. Hariparanthaman2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.08.2015

CORAM

THE HONOURABLE THIRU JUSTICE D.HARIPARANTHAMAN Tr.C.M.P.No.575 of 2015 & M.P.No.1 of 2015 Dr.S.P.Mohanaganesh ... Petitioner v.

Dr.A.Krithika ... Respondent Tr.C.M.P. filed under section 24 of C.P.C., to withdraw the case in H.M.O.P.No.17 of 2015 on the file of learned Subordinate Judge, Arakkoam and transfer the same to be tried along with the H.M.O.P.No.1102 of 2015 pending on the file of the III Additional Family court, Chennai.

For Petitioner : Mr.J.Shanmuga Sundara Babu

O R D E R

The petitioner is the husband. He filed H.M.O.P.No.17 of 2015 on the file of learned Subordinate Judge, Arakkoam for restitution of conjugal rights, while the respondent-wife filed H.M.O.P.No.1102 of 2015 on the file of the III Additional Family Court, Chennai for the same relief i.e., restitution of conjugal rights

2. Now, the petitioner-husband has filed the above Transfer C.M.P. to withdraw H.M.O.P.No.17 of 2015 on the file of learned Subordinate Judge, Arakkoam and transfer the same to the III Additional Family court, Chennai. be tried along with the H.M.O.P.No.1102 of 2015.

3. Since the respondent-wife resides at Chennai and she filed H.M.O.P.No.1102 of 2015 at III Additional Family court, Chennai, I am of the view that Transfer petition filed by the husband viz., H.M.O.P.No.17 of 2015, on the file of Subordinate Court, Arakkoam, has to be transferred to III Additional Family court, Chennai to be tried along with H.M.O.P.No.1102 of 2015

4. Accordingly, I direct for withdrawal of H.M.O.P.No.17 of 2015 on the file of Subordinate Court, Arakkoam and to transfer the same to the III Additional Family court, Chennai to be tried https://hcservices.ecourts.gov.in/hcservices/

along with H.M.O.P.No.1102 of 2015.

The Transfer C.M.P is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar True Copy Sub Assistant Registrar Rj To

1. The Subordinate Court, Arakkoam

2. The III Additional Family court, Chennai.

1 cc to Mr.J.Shanmuga Sundara Babu , Advocate Sr.No.46584/15 Tr.C.M.P.No.575 of 2015 & M.P.No.1 of 2015 ca(co) pmk.16.9.2015 https://hcservices.ecourts.gov.in/hcservices/