T.Deepika Alias Aruna v. N.Balaji S/O Nethaji

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.07.2020

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA Tr.C.M.P.No.758 of 2018 T.Deepika @ Aruna .. Petitioner

Versus

N.Balaji .. Respondent Prayer: Petition has been filed under Section 24 of the Civil Procedure Code praying to withdraw H.M.O.P.No.261 of 2017 pending on the file of learned Subordinate Judge, Kanchipuram, and to transfer the same to the file of learned V Additional Family court, Chennai, to try along with O.P.No.3442 of 2018. For Petitioner : No Appearance For Respondent : Mr.D.Parthasarathy

O R D E R

Heard the parties through Video Conferencing due to COVID-19 pandemic.

2. The petitioner/wife has filed this Transfer Civil Miscellaneous Petition seeking to transfer H.M.O.P.No.261 of 2017 from the file of learned Sub-Court, Kanchipuram, to the file of learned V Additional Family Court, Chennai, where the case filed by the wife in O.P.No.3442 of 2018 is pending seeking for restitution of conjugal rights. The above said HMOP was filed by the husband seeking for divorce.

3. When the matter is taken up, Mr.D.Parthasarathy, learned counsel for the respondent/husband, denying the allegations made in the affidavit filed in support of this petition by the petitioner/wife, agreed for transfer of H.M.O.P.No.261 of 2017 pending on the file of learned SubCourt, Kanchipuram, to the file of learned V Additional Family Court, Chennai, where O.P.No.3442 of 2018 filed by the wife seeking for restitution of conjugal rights is pending.

4. Recording the above said submission, H.M.O.P.No.261 of 2017 filed by the husband is withdrawn from the file of learned Sub-Court, Kanchipuram, consequently, transferred to https://hcservices.ecourts.gov.in/hcservices/

the file of learned V Additional Family Court, Chennai, to try along with O.P.No.3442 of 2018 filed by the wife. On such transfer, learned V Additional Family Court, Chennai, shall dispose of both the cases in the manner known to law as expeditiously as possible. With the above direction, this Transfer Civil Miscellaneous Petition is allowed.

Consequently, connected CMP.No.18595 of 2018 is closed. Sd/- Assistant Registrar(CO MDU) //True copy// Sub Assistant Registrar rkm To 1.The Subordinate Judge, Kanchipuram.

2.The V Additional Judge, Family Judge, Chennai.

Tr.C.M.P.No.758 of 2018 MG(CO) GMY(09/09/2020) https://hcservices.ecourts.gov.in/hcservices/