S. Udayavarthini v. U. Palanivel

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.04.2024

CORAM

THE HON'BLE MR.JUSTICE V. LAKSHMINARAYANAN and C.M.P.No.19972 of 2023 S.Udayavarthini ...

Petitioner Vs U.Palanivel ... Respondent Prayer : Petition filed under Section 24 of the Code of Civil Procedure praying to withdraw and transfer the petition for restitution of conjugal rights filed by the respondent in H.M.O.P.No.51 of 2022, on the file of the Family Court, Karaikal to the Family Court, Mannargudi. For Petitioner : Mr.R.Vivek For Respondent : Mr.C.T.Saravanan

O R D E R

The husband has filed H.M.O.P.No.51 of 2022 on the file of the Family Court at Karaikal. The wife has initiated divorce proceedings in H.M.O.P.No.35 of 2023 on the file of the Family Court at Mannargudi. 1/1

2. The wife wants to transfer the proceedings pending before the Family Court, Karaikal to be tried at Manarkudi. The husband faces a threat and he has lodged a police complaint stating that he was beaten up while travelling for the case.

3. Considering the overall circumstances, I am inclined to transfer the cases to the Sub Court at Thiruvarur. Consequently, both H.M.O.P.No.51 of 2022 pending on the file of the Family Court, Karaikal as well as H.M.O.P.No.35 of 2023 pending on the file of the Family Court, Mannargudi are withdrawn and transferred to the file of Sub Court at Thiruvarur to be heard and disposed of together.

4. Accordingly, the Tr.C.M.P. is allowed. No costs. Consequently, connected miscellaneous petition is closed.

05.04.2024 Index : Yes/No Sgl 2/2

To 1.The Family Court, Karaikal.

2.The Family Court, Mannargudi.

3.The Sub Court, Thiruvarur.

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V. LAKSHMINARAYANAN, J.

Sgl 05.04.2024 4/4