Madras High CourtTR CMP/388/2016allowed

G. Loganayagi v. S. Kumaresan

2016-07-22Honourable Mr Justice C. T. Selvam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.07.2016

CORAM

THE HONOURABLE MR.JUSTICE C.T.SELVAM Tr.CMP.No.388 of 2016 and CMP.No.10351 of 2016 G.Loganayagi .. Petitioner/Respondent Vs.

S.Kumaresan .. Respondent/Petitioner Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil Procedure Code, 1906, praying to withdraw the petition in HMOP.No.376 of 2014 pending on the file of Sub Court, Poonamallee, Thiruvallur District and to transfer the same to the Sub Court, Ranipet, Vellore District to be tried along with HMOP.No.130 of 2014.

For petitioner : M/s.S.Amarnath 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 HMOP.No.376 of 2014 from the file of Sub Court, Poonamallee, Thiruvallur District, to the file of Sub Court, Ranipet, Vellore District.

3. Learned counsel for petitioner submits that petitioner/husband has filed HMOP.No.376 of 2014 on the file of Sub Court, Poonamallee, Thiruvallur District seeking divorce and the respondent/wife has filed HMOP.No.130 of 2014 on the file of Sub Court, Ranipet, Vellore District seeking restitution of conjugal rights. Submitting that it would be desirable to have both the matters tried together, learned counsel seeks transfer of HMOP.No.376 of 2014 pending on the file of Sub Court, Poonamallee to the file of Sub Court, Ranipet. https://hcservices.ecourts.gov.in/hcservices/

4. Considering the submissions made, this Court directs transfer of HMOP.No.376 of 2014 from the file of Sub Court, Poonamallee, Thiruvallur District to the file of Sub Court, Ranipet, Vellore District to be tried along with HMOP.No.130 of 2014.

The Transfer Civil Miscellaneous Petition, accordingly, is ordered. No costs. Consequently, connected Miscellaneous Petition is closed.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar kkd To 1.The Sub Court, Poonamallee, Thiruvallur District.

2. The Sub Court, Ranipet, Vellore District.

+1 cc to Mr.N.S.Amarnath Advocate sr.41686 Tr.CMP.No.388 of 2016 and CMP.No.10351 of 2016 aa22/08/2016 https://hcservices.ecourts.gov.in/hcservices/