S. Kathirvel v. R. Menaka

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.04.2024

CORAM

THE HON'BLE MR.JUSTICE V. LAKSHMINARAYANAN & C.M.P.No.29566 of 2023 S.Kathirvel ... Petitioner Vs R.Menaka ... Respondent Prayer : Petition filed under Section 24 of the Code of Civil Procedure praying to withdraw F.C.O.P.No.26 of 2022 from the file of Family Court, Erode and transfer the same to the file of Sub-Court, Avinashi. For Petitioner : Ms.R.Geethalakshmi for Mr.J.Pradeep For Respondent : Mr.C.Ramaraj

O R D E R

The wife filed a petition for divorce in F.C.O.P.No.26 of 2022 on the file of Family Court at Erode. Thereafter the respondent / husband has filed a petition for restitution of conjugal rights in H.M.O.P.No.139 1/3

of 2023, before the Sub-Court, Avinashi.

2. There should not be any conflicting judgments in such proceedings. The wife having initiated the proceedings earlier before the Family Court, Erode, H.M.O.P.No.139 of 2023 is withdrawn from the file of Family Court at Avinashi and is transferred to the file of Family Court at Erode. The husband need not be called upon to appear for every hearing. It would suffice if he appears only for essential hearings if his presence is indispensable.

3. With the above direction, the Tr.C.M.P. stands dismissed. No costs. Consequently, the connected miscellaneous petition is closed. 26.04.2024 Index : Yes/No gpa To

1. The Family Court, Erode

2. The Family Court, Avinashi 2/3

V. LAKSHMINARAYANAN, J.

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