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Madras High CourtTR CMP/977/2023allowed

Aruna, v. Raja,

2024-06-04Honourable Mr Justice V. Lakshminarayanan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.06.2024

CORAM

THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and C.M.P.No.23580 of 2023 Aruna .. Petitioner Vs.

Raja .. Respondent Prayer : The Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the proceeding in D.O.P.No.381 of 2022 on the file of the learned District Judge at Coimbatore and transfer the same to the file of the learned Principal District Judge at Villupuram to be tried along with D.O.P.No.46 of 2023.

For Petitioner : Mr.D.Vasanth For Respondent : Mr.J.Prakasam

ORDER

The petitioner and the respondent were married on 23.08.2018 at C.S.I. Sacred Christian Church at Valparai. The petitioner and the respondent are working with the Government of Tamil Nadu as teachers. Page No 1 of 4

2. The petitioner/wife has initiated the proceeding in D.O.P.No.46 of 2023 seeking restitution of conjugal rights on the file of the learned Principal District Judge at Villupuram. This proceeding was initiated only after the husband had moved an application for divorce in D.O.P.No.381 of 2022 on the file of the learned District Judge at Coimbatore.

3. The wife pleads that she is unable to travel 350 Kms from Villupuram to Coimbatore which, according to her, consumes about seven hours in a day.

4. Taking into consideration the convenience of the wife, I am inclined to allow this transfer petition. Hence, the proceeding in D.O.P.No.381 of 2022 pending on the file of the learned District Judge at Coimbatore is withdrawn and it shall stand transferred to the file of the learned Principal District Judge at Villupuram, who shall, in order to avoid conflict of judgments, try the proceeding along with D.O.P.No.46 of 2023.

5. Accordingly, the Transfer Civil Miscellaneous Petition stands Page No 2 of 4

allowed. No costs. The connected Civil Miscellaneous Petition is closed. 04.06.2024 mkn2 Index:Yes/No Speaking Order :Yes/No V. LAKSHMINARAYANAN, J.

Page No 3 of 4

mkn2 To 1.The learned District Judge, Coimbatore 2.The learned Principal District Judge, Villupuram and C.M.P.No.23580 of 2023 04.06.2024 Page No 4 of 4