Shakthi v. Ravi Kumar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.02.2023

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and C.M.P.(MD)No.250 of 2023 Shakthi ... Petitioner/ Respondent Vs.

Ravi kumar ... Respondent/Petitioner PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of Code of Civil Procedure, to withdraw and transfer H.M.O.P.No.80 of 2022 on the file of the Subordinate Judge, Mettur, Salem District to be tried along with H.M.O.P.No.273 of 2022 on the file of Sub Court, Thenkasi, Thenkasi District.

For Petitioner : Mr.R.Ilayaraja For Respondent : No appearance 1/4

ORDER

The present petition has been filed by the wife, seeking transfer of the case in H.M.O.P.No.80 of 2022 pending on the file of the Subordinate Court, Mettur, Salem District to be transferred to the Sub Court, Thenkasi, Thenkasi District on the ground that she has already filed H.M.O.P.No.273 of 2022 before the Sub Court, Tenkasi and she is a permanent resident of Tenkasi.

2. Though notice has been served on the respondent / husband, he has not chosen to appear either in person or through counsel.

3. Considering the fact that connected H.M.O.P.No.273 of 2022 is already pending before the Sub Court, Tenkasi, H.M.O.P.No.80 of 2022 pending on the file of Subordinate Court, Mettur, Salem District is hereby withdrawn and transferred to Sub Court, Thenkasi, Thenkasi District.

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4. With the above said observations, this Transfer Civil Miscellaneous Petition stands allowed. No costs. Consequently, connected Civil Miscellaneous Petition is closed. 24.02.2023 NCC : Yes / No Index : Yes / No Sm To 1.The Subordinate Court, Mettur, Salem District. 2.The Sub Court, Thenkasi, Thenkasi District. 3.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

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R.

VIJAYAKUMAR , J.

Sm Order made in 24.02.2023 4/4