P.Sakthi Sridevi v. Tamilselvan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 02.04.2025

CORAM

THE HON'BLE MS.JUSTICE P.T.ASHA Tr.C.M.P.No.815 of 2024 C.M.P.No.18040 of 2024 P.Sakthi Sridevi

...Petitioner

Vs.

Tamilselvan

...Respondent

PRAYER: : Transfer Civil Miscellaneous Petition filed under 24 of Code of Civil Procedure, pleased to withdraw H.M.O.P.No.534 of 2023 pending on the file of the Family Court, Salem and to transfer the same to the Sub Court No.II, Coimbatore, to try it along with H.M.O.P.No.328 of 2023 For Petitioner : Mr.N.Ponraj For Respondent : Mr.L.Ramanathan

ORDER

The respondent has filed the above Transfer C.M.P. seeking to transfer H.M.O.P.No.534 of 2023 from the file of the Family Court, Salem to the file of the Sub Court No.II, Coimbatore, to be tried along with H.M.O.P.No.328 of 2023. 1/5

2.H.M.O.P.No.534 of 2023 is the petition filed by the respondent husband seeking restitution of conjugal rights. This petition has been filed after the petitioner herein had filed H.M.O.P.No.328 of 2023 seeking for a divorce. 3.Heard the learned counsels on either side and perused the records. 4.Transfer is sought for on the ground that the petitioner wife is residing at Coimbatore and she has also initiated a petition for divorce prior in time. The petitioner would submit that she is unemployed and is depending on her parents for her day to day expenses. The respondent is working as a Teacher. However, he has not given any maintenance whatsoever to his wife, the petitioner herein. Therefore, considering the fact that the wife has already invoked the jurisdiction of the Subordinate Court No.II, Coimbatore, by filing a petition for divorce in H.M.O.P.No.328 of 2023, H.M.O.P.No.534 of 2023 filed by the respondent husband pending on the file of the Family Court, Salem, is withdrawn and transferred to the file of the Sub Court No.II, Coimbatore, and to be tried along 2/5

with H.M.O.P.No.328 of 2023.

5.The Transfer Civil Miscellaneous Petition is allowed with the above directions. No costs. Consequently, connected miscellaneous petition is closed. 02.04.2025 ep Index : Yes/No Internet : Yes/No Speaking Order/Non Speaking Order To 1.The Family Court, Salem.

2.The Sub Court No.II, Coimbatore.

3/5

P.T.ASHA, J., ep Tr.C.M.P.No.815 of 2024 C.M.P.No.18040 of 2024 4/5

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