Madras High CourtTR CMP/221/2013allowed

Smt.R.Kavitha v. R.Ganesan

2016-08-11Honourable Mr Justice C. T. Selvam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.08.2016

CORAM

THE HONOURABLE MR.JUSTICE C.T.SELVAM Transfer Civil Miscellaneous Petition No.221 of 2013 and M.P.No.1 of 2013 R.Kavitha W/o.R.Ganesan ... Petitioner vs R.Ganesan S/o.Late K.Ramlingam ... Respondent Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil Procedure Code, 1906, praying to withdraw and transfer H.M.O.P.No.447 of 2013 on the file of learned II Additional Judge, Family Court, Madras, to the file of learned Principal Subordinate Judge, Mayiladuthurai, Nagapattinam District.

For Petitioner :

Mr.R.Shivakumar For Respondent :

Mr.A.Venkatesan

O R D E R

Petitioner has filed the present petition seeking transfer of H.M.O.P.No.447 of 2013 on the file of learned II Additional Judge, Family Court, Madras, to the file of learned Principal Subordinate Judge, Mayiladuthurai, Nagapattinam District.

2. Heard learned counsel for petitioner and learned counsel for respondent.

3. Learned counsel for petitioner submits that petitioner/wife has filed H.M.O.P.No.37 of 2013 on the file of learned Principal Subordinate Judge, Mayiladuthurai, seeking restitution of conjugal rights and the respondent/husband has filed H.M.O.P.No.447 of 2013 on the file of learned II Additional Judge, Family Court, Chennai, for the very same relief. Submitting that the petitioner has to take care of two minor children and hence, she finds it difficult to travel to Chennai to attend the hearing, learned counsel prays for transfer.

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4. Considering the said submission, this Court directs transfer of H.M.O.P.No.447 of 2013 on the file of learned II Additional Judge, Family Court, Chennai, to the file of learned Principal Subordinate Judge, Mayiladuthurai, Nagapattinam District, jointly to be tried with H.M.O.P.No.37 of 2013. The Transfer Civil Miscellaneous Petition, accordingly, is ordered. No costs. Connected miscellaneous petition is also closed.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar To 1.The II Additional Judge, Family Court, Madras.

2.The Principal Subordinate Judge, Mayiladuthurai, Nagapattinam District.

+1cc to Mr.K.M.Vijayan Associates, Advocate sr.46025 Transfer Civil Miscellaneous Petition No.221 of 2013 kgk[co] srg 15/09/2016 https://hcservices.ecourts.gov.in/hcservices/