Madras High CourtTR CMP/383/2016disposed of

Murugapriya v. Santhosh

2016-07-14Honourable Mr Justice C. T. Selvam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.07.2016

CORAM

THE HONOURABLE MR.JUSTICE C.T.SELVAM Transfer Civil Miscellaneous Petition No.383 of 2016 and C.M.P.No.10106 of 2016 Murugapriya W/o. Santhosh ... Petitioner/Respondent vs Santhosh S/o.Thatchinamoorthy ... Respondent/Petitioner Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil Procedure Code, 1906, praying to withdraw H.M.O.P.No.74 of 2016 pending on the file of learned District Judge, Family Court, Erode District and to transfer the same to the file of learned Subordinate Judge, Udumalpet. For Petitioner :

Mr.M.Guruprasad For Respondent :

Mr.S.Kamadevan *****

O R D E R

Petitioner has filed the present petition seeking transfer of H.M.O.P.No.74 of 2016, pending on the file of learned District Judge, Family Court, Erode District, to the file of learned Subordinate Judge, Udumalpet.

2. Learned counsel for petitioner submits that the petitioner/wife has filed H.M.O.P.No.91 of 2016 on the file of learned Subordinate Judge, Udumalpet, for restitution of conjugal rights and the respondent/husband has filed H.M.O.P.No.74 of 2016 seeking divorce. Learned counsel submits that it would be desirable to have both the matters tried together and prays of transfer of both the H.M.O.Ps. to the file https://hcservices.ecourts.gov.in/hcservices/

of learned Subordinate Judge, Tiruppur.

3. Learned counsel for respondent submits that transfer of H.M.O.P.No.74 of 2016 would cause the respondent grave inconvenience.

4. Considering the rival submissions and the further position that the petitioner has to take care of her five years old child, this Court is of the view that the petition is to be allowed. Accordingly, this Court directs transfer of both the H.M.O.Ps. i.e., H.M.O.P.No.74 of 2016, pending on the file of learned District Judge, Family Court, Erode District, and H.M.O.P.No.91 of 2016, pending on the file of learned Subordinate Judge, Udumalpet, to the file of learned Subordinate Judge, Tiruppur, to be tried both together. The Transfer Civil Miscellaneous Petition, accordingly, is ordered. No costs. Consequently, connected miscellaneous petition is closed.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar smi To 1.The District Judge, Family Court, Erode District.

2.The Subordinate Judge, Udumalpet.

3.The Subordinate Judge, Tiruppur.

+1 cc to Mr.M.Guruprasad Advocate sr 39574 +1 cc to Mr.S.Kamadevan Advocate sr 39383 Transfer Civil Miscellaneous Petition No.383 of 2016 aa31/08/2016 https://hcservices.ecourts.gov.in/hcservices/