R.Easwari v. R.Deepak

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 03.07.2019

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA Tr. C.M.P. No.796 of 2014 and M.P. No.1 of 2014 and M.P. No.1 of 2015 R.Easwari ... Petitioner/ Respondent -vs1.R.Deepak 2.The Regional Passport Authority, Trichy.

... Respondents R2 suo motu impleaded vide order of Court dated 08.07.2015 made in Tr.C.M.P. No.796 of 2014 Prayer: Petition filed under Section 24 of C.P.C to transfer of O.P. No.2781 of 2012 pending disposal on the file of III Additional Family Court, Chennai to withdraw and transfer the same to try along with H.M.O.P. No.135 of 2014 pending for disposal before the Principal Subordinate Judges Court at Mayiladudurai.

For Petitioner : Mr.K.N.Pandian For Respondents : Mr.R.Kamesh Kumar for R1 M/s.Meenakumari, C.G.S.C. for R2

O R D E R

The Transfer C.M.P. has been filed to transfer the O.P. No.2781 of 2012 pending on the file of the III Additional Family Court, Chennai to the file of the Principal Subordinate Court, Mayiladuthurai.

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2.Learned counsel appearing for the petitioner would submit that as the H.M.O.P. No.135 of 2014 filed by the petitioner seeking restitution of conjugal rights is pending on the file of the learned Principal Subordinate Court, Mayiladuthurai, the respondent is bound to come and appear before the same. Therefore, if the H.M.O.P. No.135 of 2014 is transferred to the file of the Principal Subordinate Court, Mayiladuthurai, no prejudice will be caused to the respondent.

3.Taking note of the facts that no objection expressed on the side of the respondent and the respondent is bound to appear before the Principal Subordinate Court, Mayiladuthurai for attending the case in H.M.O.P. No.135 of 2014, this Court is inclined to transfer the O.P. No.2781 of 2012 pending on the file of the III Additional Family Court, Chennai to the file of the Principal Subordinate Court, Mayiladuthurai. Accordingly, the Tr.C.M.P. is allowed and the O.P. No.2781 of 2012 pending on the file of the III Additional Family Court, Chennai is withdrawn and transferred to the file of the Principal Subordinate Court, Mayiladuthurai.

4.The Principal Subordinate Court, Mayiladuthurai is directed to take up both the cases and dispose of the same expeditiously in the manner known to law. No costs. Consequently, C.M.P. No.1 of 2014 is closed.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar vga To 1.The III Additional Family Court,Chennai.

2.The Principal Subordinate Court,Mayiladudurai. +1cc to Mr.K.N.Pandian , Advocate SR.No. 55562 +1cc to M/s.Meenakumari, Advocate SR.No. 55585 Tr. C.M.P. No.796 of 2014 and M.P. No.1 of 2014 rv (CO) A.SK(19/08/2019) https://hcservices.ecourts.gov.in/hcservices/