Sivasakthi v. Mahesh Kumar Vallaban

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.06.2016

CORAM

THE HONOURABLE MR.JUSTICE C.T.SELVAM Transfer Civil Miscellaneous Petition No.321 of 2016 and C.M.P.No.8938 of 2016 Sivasakthi W/o.Mahesh Kumar Vallaban ... Petitioner vs Mahesh Kumar Vallaban S/o.S.K.Ragunathan ... Respondent Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil Procedure Code, 1906, praying to withdraw H.M.O.P.No.228 of 2016 on the file of Sub Court, Tambaram, Chengalpet District and transfer the same to the file of Family Court, Erode District. For Petitioner :

Mr.I.C.Vasudevan For Respondent :

No appearance *****

O R D E R

Even though the respondent has been served and the name of the respondent appears in the cause list, the respondent has not chosen to appear before this Court either in person or through a pleader. Hence, the matter is decided on merits.

2. Petitioner has filed the present petition seeking transfer of H.M.O.P.No.228 of 2016 on the file of Sub Court, Tambaram, Chengalpet District, to the file of Family Court, Erode District.

3. Learned counsel for petitioner submits that the petitioner/wife has filed H.M.O.P.No.76 of 2014 on the file of learned Principal Sub Judge, Thiruvannamalai District, seeking divorce and the respondent/husband has filed H.M.O.P.No.228 of 2016 on the file of Sub Court, Tambaram, seeking restitution of conjugal rights. Learned counsel submits that the petitioner/wife has to take care of her aged parents, that there is a life threat for her at Tambaram and hence, she finds it difficult to travel to Tambaram to attend the hearing of the case filed by the respondent/husband. Since both the parties have filed petitions, it would be desirable to have both the matters together. Submitting as above, learned counsel prays for transfer.

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4. Considering the submissions made, this Court directs transfer of H.M.O.P.No.228 of 2016 on the file of Sub Court, Tambaram, Chengalpet District, to the file of Family Court, Erode District, to be tried along with F.C.O.P.No.184 of 2016.

The Transfer Civil Miscellaneous Petition is disposed of with the above direction. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar To 1.The Sub Court, Tambaram, Chengalpet District.

2.The Family Court, Erode District.

+1 cc to Mr.I.C.Vasudevan, Advocate,SR.35561. ks(co) krd 20/7 Transfer Civil Miscellaneous Petition No.321 of 2016 https://hcservices.ecourts.gov.in/hcservices/