Arathi.S v. S.Sathish

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.04.2024

CORAM

THE HON'BLE MR.JUSTICE V. LAKSHMINARAYANAN Arathi.S ... Petitioner Vs S.Sathish ... Respondent Prayer : Petition filed under Section 24 of the Code of Civil Procedure praying to order withdrawal of HMOP No.150 of 2023 from the file of Family Court, Cuddalore and transfer the same to Subordinate Court, Tindivanam and try the same.

For Petitioner : Mr.R.S.Raghavan For Respondent : Mr.T.G.V.Ramani Gopal

O R D E R

The petitioner wife is a resident of Acharampattu in Vanur Taluk, Villupuram District. The husband is a resident of Sedapalayam in Cuddalore. He has initiated proceedings for divorce in HMOP No.150 1/3

of 2023 on the file of Family Court at Cuddalore.

2. The petitioner wife pleads that she has already filed a petition for restitution of conjugal rights before the Sub-Judge at Tindivanam. The said petition has been numbered as H.M.O.P.No.95 of 2023.

3. As there should not be any conflict of judgments, one in the restitution petition and the other in the petition for divorce, it is better that both are heard and decided by the same Judge.

4. Accordingly, This Tr.C.M.P is allowed and HMOP No.150 of 2023 is withdrawn from the file of Family Court at Cuddalore and transferred to the file of Subordinate Judge at Tindivanam to be heard and disposed of along with H.M.O.P.No.95 of 2023. No costs. 26.04.2024 Index : Yes/No gpa To

1. The Family Court, Cuddalore

2. The Subordinate Court, Tindivanam 2/3

V. LAKSHMINARAYANAN, J.

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