Madras High CourtTR CMP/854/2023allowed

Abirami v. Arunkumar

2024-06-11Honourable Mr Justice V. Lakshminarayanan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.06.2024 Coram THE HON'BLE MR JUSTICE V. LAKSHMINARAYANAN Tr.CMP No.854 of 2023 and CMP.No.20426 of 2023 Abirami ... Petitioner -VersusArun Kumar ... Respondent Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C. seeking to withdraw the HMOP.No.11 of 2022 on the file of the Sub Court, Panruti and transfer the same to the file of the Sub Court, Neyveli and may be tried along with HMOP.No.25 of 2022 on the file of the Sub Court, Neyveli. For Petitioner : Mr.V.Rajesh Babu For Respondent : No appearance

ORDER

The marriage between the petitioner and the respondent was solemnized on 31.08.2020. Thereafter due to disputes and differences, they were separated. The petitioner is residing at Melakolakudi Village in Cuddalore District. The respondent/husband is a resident of Sarathur Village in Panruti.

2. The respondent/husband has initiated divorce proceedings in HMOP.No.11 of 2022 on the file of the Sub Court at Panruti. Subsequently, the wife has initiated proceedings in HMOP.No.25 of 2022 for restitution of conjugal rights on the file of the Sub court at Neyveli. She pleads that she is unable to travel from Melakolakudi Village to Panruti.

3. Notice was ordered in the application. The respondent has been served. Despite service, he neither entered appearance through a counsel nor appeared in person to oppose the petition.

4. Taking into consideration that there must not be a conflict of judgments that might be passed by the courts in Panruti and Neyveli. HMOP.No.11 of 2021 is withdrawn from the file of the Sub Court at Panruti and is transferred to the file of the Sub Court at Neyveli to be heard and tried along with HMOP.No.25 of 2022 which is pending on the file of the Sub Court at Neyveli.

5. With the above direction, this transfer civil miscellaneous petition is allowed. No costs. Consequently, the connected miscellaneous petition is closed.

11.06.2024 nl Index : Yes/No Speaking Order/Non-speaking order

: yes/No To 1.The Sub Court, Neyveli 2.The Sub Court Panruti

V.LAKSHMINARAYANAN, J.

nl 11.06.2024