Madras High CourtTR CMP/542/2023disposed of

R. Sangeetha v. N. Sivaramakrishan

2023-07-27Honourable Mrs Justice V.Bhavani Subbaroyan5 pages

and C.M.P.No. 12806 of 2023 V.BHAVANI SUBBAROYAN, J., Today, this petition is listed under the caption ''for being mentioned''.

2. In view of the earlier order of this Court passed in Tr.C.M.P.No.542 of 2023 dated 27.07.2023, paragraph Nos.4 to 6 of the said order shall stand modified as follows:

''4. The petition in H.M.O.P.No.115 of 2023 filed by the respondent/husband before the learned Sub Judge, Sirkali, seeking restitution of conjugal rights, is directed to be transferred to the Sub Court, Neyveli to be tried along with H.M.O.P.No.1 of 2017 filed by the petitioner/wife before the Sub Judge, Neyveli seeking divorce. The learned Sub Judge, Sirkali is directed to transmit all the records pertaining to H.M.O.P.No.115 of 2023 to the file of the Sub Court, Neyveli as expeditiously as possible.

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5. The respondent/husband is permitted to file an application before the Sub Court, Neyveli seeking for visitation rights of the child and the Sub Court, Neyveli shall consider the same and pass appropriate orders in the said application.

6. The petitioner/wife is directed to produce the child before the Legal Aid Services, Neyveli at the Child Care Centre at 10.30 a.m and the respondent/husband is permitted to visit the child on every first Saturday from 05.08.2023 between 10.30 a.m., and 12.30 p.m., until further orders to be decided by the trial Court.

7. The divorce petition filed by the petitioner/wife and the restitution of conjugal rights petition filed by the respondent/husband, shall be tried along with the application seeking for custody of the child to be filed by the respondent/husband. All these three petitions shall be jointly tried and disposed of as expeditiously as possible by the Sub Court, Neyveli.

8. In the result, this Transfer Civil Miscellaneous Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.''

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3. All other observations made in the earlier order, shall remain intact. The Registry is directed to issue corrected order copy forthwith. 30.08.2023 ms To 1.The Sub Judge, Sirkali.

2.The Sub Judge, Neyveli.

3.The Section Officer, V.R.Section, High Court, Madras.

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V.BHAVANI SUBBAROYAN, J., ms and C.M.P.No. 12806 of 2023 30.08.2023 5/5