Madras High CourtTR CMP/961/2018allowed

M.Kamalam @ Sumathi v. Ravikumar

2019-03-06Honourable Mr Justice M. Govindaraj2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:06.03.2019 THE HONOURABLE MR.JUSTICE M.GOVINDARAJ TR.CMP.NO.961/2018 and C.M.P.NO.23681 OF 2018 M.Kamalam @ Sumathi ... Petitioner/Respondent Vs.

Ravikumar ... Respondent/Petitioner PRAYER: Transfer Civil Miscellaneous petitions filed under section 24 of the Civil Procedure Code, praying to withdraw the H.M.O.P.No.175 of 2018 pending on the file of the Principal Sub Court at Thiruvannamalai and transfer the same to the file of the Family Court At Puducherry.

For petitioner : Mr.H.Manojin For Respondent : No Appearance ***

O R D E R

This petition is filed by the petitioner seeking to withdraw the H.M.O.P.No.175 of 2018 pending on the file of the Principal Sub Court at Thiruvannamalai and transfer the same to the file of the Family Court, Puducherry.

2. The wife is the petitioner. The respondent / husband filed a petition for restitution of conjugal rights before the Principal Sub Judge, Thiruvannamalai. The wife resides at Puducherry. She finds it difficult to travel from Puducherry to Thiruvannamalai, for every hearing of the case. 3.Despite the service of the notice, none appears on behalf of the respondent.

4. Considering the inconvenience and physical hardship caused to the petitioner / wife, this Court is inclined to transfer the case from Principal Sub Court, Thiruvannamalai to Family Court, Puducherry.

5. Accordingly, H.M.O.P.No.175 of 2018 pending on the file of Principal Sub Court is withdrawn and transferred to Family Court, Puducherry. The Principal Sub Court, Thiruvannamalai is https://hcservices.ecourts.gov.in/hcservices/

directed to transfer the papers within a period of two weeks from the date of receipt of a copy of this order. On receipt of the papers, the Principal Judge, Family Court, Puducherry is directed to refer the matter for mediation, without the intervention of the mother of the petitioner / wife.

5. The Transfer Civil Miscellaneous Petition is ordered accordingly. No costs. Consequently, connected Civil Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar bkn To 1.The Principal Sub Court, Thiruvannamalai.

2.The Family Court, Puducherry.

+1cc to Mr.M.P.Yuvaraj, Advocate, S.R.No.20857 Tr.CMP.No.961 of 2018 and C.M.P.NO.23681 OF 2018 VBA(CO) RRS(10/05/2019) https://hcservices.ecourts.gov.in/hcservices/