Suganya v. Manivannan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.12.2021

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN Tr. CMP.No.557 of 2021 and CMP.No.14577 of 2021 Suganya ..Petitioner/Respondent Vs.

Manivannan` ..Respondent/Petitioner Prayer: Transfer civil miscellaneous petition filed under Section 24 of the Code of Civil Procedure, seeking to withdraw the HMOP No.17 of 2021 on the file of the Subordinate Court, Gudalur, Nilgiris and transfer the same to he file of the Additional Family Court, Coimbatore to be tried jointly along with M.C.No.122 of 2020.

For Petitioner : Mr.L.Mouli For Respondent : No appearance

O R D E R

Wife seeks transfer of HMOP No.17 of 2021 on the file of the Sub Court, Gudalur, filed by the husband seeking restitution of the conjugal rights to the Additional Family Court at Coimbatore to be tried along with MC No.122 of 2020.

2. Drawing the attention of this Court on the date of the institution of the proceedings, Mr.Mouli, learned counsel appearing for the wife would submit that the very filing of HMOP No.17 of 2021 on the file of the Sub Court, Gudalur is a counterblast to her claim for maintenance.

3. Despite service, the respondent/husband is not appearing either in person or through counsel, duly instructed. https://hcservices.ecourts.gov.in/hcservices/

4. Considering the convenience of the wife who is shown to be a resident of Coimbatore, even in the petition filed by the husband before the Sub Court, Gudalur, HMOP No.17 of 2021 on the file of Sub Court, Gudalur is withdrawn and transferred to the file of the Additional Family Court, Coimbatore to be tried and disposed of along with MC No.122 of 2020 in accordance with law. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-IV) // True Copy // Sub Assistant Registrar jv To:- 1.The Subordinate Judge, Gudalur, Nilgiris.

2.The Additional Family Judge, Coimbatore.

+1cc to Mr.L.Mouli, Advocate SR.No.65028 Tr. CMP.No.557 of 2021 and CMP.No.14577 of 2021 KV(CO) CB(17/12/2021) https://hcservices.ecourts.gov.in/hcservices/