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Madras High CourtTR CMP/685/2021allowed

A.Priya Dharshini v. P.Bharanidharan

2022-04-25Honourable Ms. Justice P.T. Asha2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.04.2022

CORAM

THE HONOURABLE MS.JUSTICE P.T. ASHA Tr.C.M.P.No.685 of 2021 & C.M.P.No.17044 of 2021 A.Priya Dharshini

...Petitioner

Vs P.Bharanidharan

...Respondent

Prayer: The petition is filed under Section 24 of the Code of Civil Procedure to withdraw the case in F.C.O.P.No.46 of 2021 filed by the respondent on the file of The Judge, Family Court, Ariyalur District and transfer the same to the file of The Judge, Family Court, Thanjavur District.

For Petitioner :

Mr.R.Vijayarajnaren For Respondent :

Mr.R.Gokulakrishnan

ORDER

The above petition is filed by the wife seeking transfer of F.C.O.P.No.46 of 2021, filed by the husband seeking Judicial Separation on the file of the Family Court, Ariyalur to the file of the Family Court, Thanjavur.

2.The petitioner would state that she is residing at Thanjavur. The petitioner would submit that the distance between Thanjavur and Ariyalur is nearly 100 Km and it would take 2 hrs of travel to reach the Family Court, Ariyalur to attend every hearing. The petitioner would further submit that she has filed H.M.O.P.No.87 of 2021 on the file of the Family Court, Thanjavur for the restitution of conjugal rights.

3. Heard the learned counsel and perused the records.

4. Admittedly the petitioner is residing at Thanjavur. It is also seen that the petitioner has filed H.M.O.P.No.87 of 2021 for restitution of conjugal rights on the file of the Family Court, Thanjavur, against the respondent.

https://hcservices.ecourts.gov.in/hcservices/

5.Considering the fact that the petitioner is residing at Thanjavur and also to avoid the multiplicity of proceedings the Transfer Civil Miscellaneous Petition in Tr.C.M.P.No.685 of 2021 is allowed. Accordingly, F.C.O.P.No.46 of 2021 pending on the file of the Family Court, Ariyalur is withdrawn and transferred to the file of the Family Court, Thanjavur to be tried along with H.M.O.P.No.87 of 2021. Consequently, connected Civil Miscellaneous Petition is closed. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar kan To

1. The Judge, Family Court, Ariyalur.

2. The Judge, Family Court, Thanjavur.

+1cc to Mr.J.Suresh, Advocate, S.R.No.28718 Tr.C.M.P.No.685 of 2021 AJS(CO) RGA(02/06/2022) https://hcservices.ecourts.gov.in/hcservices/