K.Manikandan v. S.R.Geetha

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.03.2022

CORAM

THE HONOURABLE MS.JUSTICE P.T.ASHA TR.C.M.P.NO.941 OF 2021 AND C.M.P.NO.21080 OF 2021 K.Manikandan ... Petitioner Vs.

S.R.Geetha ... Respondent PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil Procedure Code to withdraw and Transfer the F.C.O.P.No.317 of 2021 pending on the file of the Family Court, Erode to be tried along with H.M.O.P.No.112 of 2021 on the file of the Sub-Court, Palani.

For Petitioner : Mr.K.Karthikeyan For Respondent :

Mr.S.Kaithamalai Kumaran

O R D E R

The husband has moved this Transfer Civil Miscellaneous Petition seeking to withdraw and transfer the F.C.O.P.No.317 of 2021 filed by the respondent/wife on the file of the Family Court, Erode to the Sub-Court, Palani to be tried along with H.M.O.P.No.112 of 2021.

2. The learned counsel for the petitioner would submit that both the petitioner and the respondent are employed and permanently residing at Palani and already the husband had moved the application for divorce in H.M.O.P.No.112 of 2021 on the file of the Sub-Court, Palani.

3. The learned counsel for the respondent/wife would submit that the wife has applied transfer to Erode and therefore, H.M.O.P.No.112 of 2021 also has to be transferred to the file of the Family Court, Erode.

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

4. Further, the learned counsel fairly conceded that todate no order of transfer is obtained and therefore, as on date the petitioner herein is very much residing at Palani. Therefore, this Transfer Miscellaneous Petition is ordered as prayed for and the liberty is granted to the respondent/wife to move this Court for transfer as and when she obtains a transfer to Erode. No costs. Consequently, connected civil miscellaneous petition is closed.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar ssn To

1. The Family Court, Erode.

2. The Sub-Court, Palani.

+1cc to M/s.S.Kaithamalai Kumaran, Advocate, S.R.No.13634 +1cc to M/s.K.Karthikeyan, Advocate, S.R.No.14265 Tr.C.M.P.No.941 of 2021 and C.M.P.No.21080 of 2021 GP(CO) RLP(11/03/2022) https://hcservices.ecourts.gov.in/hcservices/