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Madras High CourtTR CMP/52/2016allowed

V.Arthi v. S.Amarnath Babu

2016-04-05Honourable Mr Justice P.R.Shivakumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:05.04.2016

CORAM

THE HONOURABLE Mr. JUSTICE P.R.SHIVAKUMAR Tr.C.M.P.No.52 of 2016 and C.M.P.No.902 of 2016 V.Arthi ... Petitioner Vs S.Amarnath Babu ... Respondent Petition filed under Section 24 of the Civil Procedure Code to withdraw the case in H.M.O.P.No.656 of 2015 on the file of the Subordinate Court, Tambaram and to transfer the same to the Principal Subordinate Court, Villupuram to be tried along with H.M.O.P.No.154 of 2015.

For Petitioner : Mr.S.V.Karthikeyan For Respondent : No Appearance

O R D E R

Though the respondent was served with notice through Court and his name stands printed in the cause list, he has not chosen to enter appearance. There is also absence of representation on behalf of the respondent.

2.

The petitioner is the wife of the respondent and she filed H.M.O.P.No.154 of 2015 on the file of the Court of Principal Subordinate Judge, Villupruam for restitution of conjugal rights.

Thereafter, the respondent filed H.M.O.P.No.656 of 2015 on the file of the Sub Court, Tambaram for divorce.

3.

The present Petition has been filed by the wife for the transfer of divorce petition filed by the husband on the file of the Sub Court, Tambaram to the file of Court of Principal Subordinate Judge, Villupuram to be tried along with the petition filed by her for restitution of conjugal rights. 4.

The respondent has not chosen to enter appearance to https://hcservices.ecourts.gov.in/hcservices/

oppose the petition. This Court is also satisfied with the reasons assigned by the petitioner. Hence, the petition is allowed.

5.

Accordingly, the Transfer Civil Miscellaneous Petition is allowed and H.M.O.P.No.656 of 2015 pending on the file of the Sub Court, Tambaram is withdrawn and transferred to the file of Principal Subordinate Judge, Villupruam for being tried along with H.M.O.P.No.154 of 2015.

No costs. Consequently, connected miscellaneous petitions is closed.

Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar srn To

1. The Sub Court, Tambaram

2. The Principal Subordinate Judge, Villupruam +2 ccs to Mr.S.V.Karthikeyan, Advocate, sr.21365 Tr.C.M.P.No.52 of 2016 and C.M.P.No.902 of 2016 bvr co kra 25.04.2016.

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