Madras High CourtTR CMP(MD)/72/2021allowed

Nambudevi, v. Karuppaiah,

2021-03-17Honourable Mr Justice R. Subramanian2 pages

Tr.C.M.P(MD)No.72 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.03.2021

CORAM

THE HON'BLE MR.JUSTICE R.SUBRAMANIAN Tr.C.M.P(MD)No.72 of 2021 and C.M.P(MD) No.1360 of 2021 Nambudevi ... Petitioner/Respondent -VsKaruppaiah ... Respondent /Petitioner Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of Civil Procedure Code, to withdraw H.M.O.P.No.152 of 2020, from the file of the Sub Court, Devakottai and transfer the same to the file of the Sub Court, Ramanathapuram, for disposal of the same on merits in accordance with law.

For Petitioner :

Mr.M.Kannan For Respondent :

No appearance

O R D E R

The petitioner/wife seeks transfer of H.M.O.P.No.152 of 2020 filed by the husband seeking Restitution of Conjugal Rights, to the Sub Court, Ramanathapuram, to be heard along with H.M.O.P.No.20 of 2020, filed by her, seeking divorce, pending before the said Court.

2.Despite service, the respondent/husband is not appearing either in person or through counsel, duly instructed. 3.It is seen that the petition for divorce filed by the wife is earlier in point of time.

4.In view of the same and in order to avoid conflicting verdicts, H.M.O.P.No.152 of 2020, pending on the file of the Sub Court, Devakottai is withdrawn and transferred to the Sub Court, Ramanathapuram, to be tried along with H.M.O.P.No.20 of 2020. The Sub Court, Devakottai is directed to transmit the papers to the Sub Court, Ramanathapuram forthwith.

5. Accordingly, this Transfer Civil Miscellaneous Petition is allowed. However, there will be no order as to costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) https://hcservices.ecourts.gov.in/hcservices/ 1/2

Tr.C.M.P(MD)No.72 of 2021 vrn To 1.The Sub Court, Devakottai 2.The Sub Court, Ramanathapuram, 3.The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai(2 copies). Order made in Tr.C.M.P(MD)No.72 of 2021 and C.M.P(MD) No.1360 of 2021 17.03.2021 ES(CO) TR(25.03.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2