Madras High CourtTR CMP/765/2016allowed

Mrs.Monica v. Mr.Rajesh Krishnan

2017-01-10Honourable Mrs Justice Pushpa Sathyanarayana2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.01.2017

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA Tr.C.M.P.No.765 of 2016 and C.M.P.No.19593 of 2016 Monica ... Petitioner Vs.

Rajesh Krishnan ... Respondent Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil Procedure Code praying to withdraw O.P.No.1972 of 2016 on the file of the Principal Family Court, Chennai and transfer the same to the file of the District Judge of Nilgiris at Udhagamandalam.

For petitioner : Mr.A.Suresh Sakthi Murugan For respondent : Ms.Akila

ORDER

The respondent-husband has filed O.P.No.1972 of 2016 before the Principal Family Court, Chennai for restitution of conjugal rights. He has also filed G.W.O.P.No.22 of 2016 before the District Court, Udhagamandalam. It is stated that the petitioner-wife is living in Udhagamandalam with the child. Therefore, she has filed this Tr.C.M.P. for transferring O.P.No.1972 of 2016 pending on the file of the Principal Family Court, Chennai, to be tried along with G.W.O.P.No.22 of 2016 pending in District Court, Udhagamandalam. Considering the fact that both the O.Ps. are filed by the husband, one for https://hcservices.ecourts.gov.in/hcservices/

restitution of conjugal rights and another for the custody of the child and the wife is living in Nilgiris, it would be convenient for the parties to proceed with the litigation only in Nilgiris. The respondent-husband has no serious objection for the transfer. Accordingly, this Tr.C.M.P. is allowed and O.P.No.1972 of 2016 pending on the file of the Principal Family Court, Chennai, shall be transferred to the file of the District Court, Udhagamandalam, to be tried along with G.W.O.P.No.22 of 2016. No costs. C.M.P. is closed.

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar cs Copy to

1. The District Judge, Udhagamandalam.

2. The Principal Judge, Family Court, Chennai. +1cc to Mr.A.Suresh Sakthi, Murugan, Advocate Sr.2392 Tr.C.M.P.No.765 of 2016 nm[co] srg 1/2/2017 https://hcservices.ecourts.gov.in/hcservices/