Madras High CourtTR CMP/447/2014allowed

K. Prabhu v. N. Pavithra

2015-09-032 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.09.2015 Coram The Hon'ble Mr. Justice D.HARIPARANTHAMAN Tr.C.M.P. No.447 of 2014 K.Prabhu ..

Petitioner Vs N.Pavithra ..

Respondent Petition filed under Section 24 C.P.C. r/w section 151 of CPC to withdraw M.C.No.130 of 2013 pending on the file of Family Court, Coimbatore and to transfer the same to be tried along with H.M.O.P.No.129 of 2013 which is now pending in Sub Court, Pollachi in the interest of justice and equity.

For Petitioner ..

Mr.V.Thillaisamy For Respondent ..

Mr.I.Abrar Md. Abdullah

ORDER

The petitioner is the husband. The respondent is the wife. The petitioner/husband filed this petition seeking to transfer M.C.No.130 of 2013 pending on the file of Family Court, Coimbatore to the Subordinate Court, Pollachi to try the same along with H.M.O.P.No.129 of 2013.

2.It is stated by the learned counsel appearing for the petitioner that earlier petition for divorce filed by the petitioner/husband was pending at Kumbakonam and the same was transferred to Sub Court, Pollachi. Hence it is convenient for both the parties if M.C.No.130 of 2013 pending on the file of Family Court, Coimbatore is transferred to Sub Court, Pollachi. 3.I find some force in the submission made by the learned counsel for the petitioner. In the interest of justice, it is better to try both the cases together.

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4.In the result, the Transfer Civil Miscellaneous Petition is allowed and the learned Judge, Family Court, Coimbatore is directed to transfer the case in M.C.No.130 of 2013 to the file of Sub Court, Pollachi, to try the same along with H.M.O.P.No.129 of 2013. No costs. Sd/- Assistant Registrar(CS II) dt. 21.09.15 //True Copy// Sub Assistant Registrar mmi To 1.The Judge, The Family Court, Coimbatore.

2.The Subordinate Judge, Pollachi.

+ 1 cc to Mr.I. Abrar MD Abdullah, Advocate SR.47394 + 1 cc to Mr.V. Thillaisamy, Advocate SR.47356 Tr.C.M.P.No.447 of 2014 VD(CO) EU 21.09.15 https://hcservices.ecourts.gov.in/hcservices/