Madras High CourtTR CMP/1342/2022disposed of

Mrs.J.Lakshmidevi v. Mr.P.Prabakar

2023-03-29Honourable Mrs Justice T.V.Thamilselvi4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.03.2023 CORAM :

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI TR.CMP No.1342 of 2022 & CMP No. 22731 of 2022 J.Lakshmidevi ....

Petitioner -VsP.Prabakar ....

Respondent Prayer : Transfer Civil Miscellaneous Petition under Section 24 of C.P.C., to withdraw and transfer the HMOP No.2149 of 2021 on the file of the Subordinate court, Alandur to transfer the same to the Family court, Thiruvallur. For Petitioner : Mr.R.Surendar Kumar For Respondent : Mr.T.Jayaramaraj

O R D E R

This petition has been filed to withdraw and transfer the HMOP No.2149 of 2021 on the file of the Subordinate court, Alandur to transfer the same to the Family court, Thiruvallur.

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2. Heard the learned counsel for the petitioner and the learned counsel for the respondent.

3. It is seen from the records that the respondent filed HMOP No.2149 of 2021, on the file of the Subordinate court, Alandur, for restitution of conjugal rights while the petitioned filed HMOP No. 221 of 2021 on the file of the Family Court, Thiruvallur. Now, the petitioner living with her aged parents and her parents livelihood depend on her earnings.

4. Considering the distance between the petitioner's house and the Court, and also the fact that the petitioner is living with her parents. Hence, this Court is inclined to transfer the HMOP No.2149 of 2021 pending on the file of the Subordinate court, Alandur to Family court, Thiruvallur.

5. Accordingly, the present Tr.C.M.P. is allowed and the HMOP No.2149 of 2021 pending on the file of the Subordinate court, Alandur, is withdrawn and transferred to the file of the Family court, Thiruvallur. Further, the Subordinate court, Alandur, is directed to transfer the records in connection with HMOP No.2149 of 2021, to the Family court, Thiruvallur, within a period of 2/4

two weeks from the date of receipt of a copy of this order. Further Family Court , Thiruvallur is directed to try HMOP No.2149 of 2021 along with HMOP No.221 of 2021. No costs. Consequently connected miscellaneous petition is closed. 29.03.2023 Index : Yes/No Internet : Yes/No pbl To 1.The Subordinate court, Alandur.

2.The Family court, Thiruvallur.

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T.V.THAMILSELVI, J.

pbl TR.CMP.No.1342 of 2022 & CMP No. 22731 of 2022 29.03.2023 4/4