Madras High CourtTR CMP(MD)/72/2020allowed

Pavithra v. Ramesh

2020-03-11Honourable Mrs Justice R. Tharani2 pages

TR C.M.P (MD) No.72 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 11.03.2020

CORAM

THE HONOURABLE Mrs. JUSTICE R.THARANI TR C.M.P (MD) No.72 of 2020 and C.M.P(MD) No.1316 of 2020 Pavithra ... Petitioner/Respondent -VsRamesh ... Respondent/Petitioner Prayer: Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, to withdraw the H.M.O.P.No.1023 of 2019 from the file of the Family Court, Madurai and to transfer the same to the file of the Sub Court, Paramakudi and to try along with H.M.O.P.No.102 of 2019 pending before the Sub Court, Paramakudi. For Petitioner : Mr.PT.S.Narendravasan For Respondent : No appearance

O R D E R

This Transfer Civil Miscellaneous Petition is filed seeking to withdraw the H.M.O.P.No.1023 of 2019 from the file of the Family Court, Madurai and to transfer the same to the file of the Sub Court, Paramakudi and to try along with H.M.O.P.No.102 of 2019 pending before the Sub Court, Paramakudi.

2. On the side of the petitioner, it is stated that the petitioner / wife filed a maintenance petition in M.C.No.23 of 2019 before the Judicial Magistrate, Paramakudi and the petitioner / wife also filed another petition for restitution of conjugal rights in H.M.O.P.No.102 of 2019, before the Sub Court, Paramakudi and the respondent / husband filed a petition in H.M.O.P.No.1023 of 2019 before the Family Court, Madurai, seeking for divorce. The petitioner / wife is residing in Paramakudi and if both the cases are tried together it will be easy for both the parties to attend the Court and for the Judge to give a findings and prayed that H.M.O.P.No.1023 of 2019, to be transferred to the Sub Court, Paramakudi.

3. Though the name of the respondent is printed, none appeared for the respondent.

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TR C.M.P (MD) No.72 of 2020

4. Already two proceedings are pending before the Court in Paramakudi, the same Court can decide both the H.M.O.Ps together. Hence, H.M.O.P.No.1023 of 2019, is withdrawn from the file of the Family Court, Madurai and the same is transferred to the Sub Court, Paramakudi.

5. The Family Court, Madurai, is directed to send the entire records in H.M.O.P.No.1023 of 2019, to the file of the Sub Court, Paramakudi, for trial along with H.M.O.P.No.102 of 2019.

6. The Sub Court, Paramakudi, is hereby directed to issue fresh summon to the respondent after the case is transferred and renumbered and also to tag H.M.O.P.No.1023 of 2019 along with H.M.O.P.No.102 of 2019, which is pending on his file, to conduct joint trial.

7. With the above directions, this Transfer Civil Miscellaneous Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (crl.side) // True Copy // / /2020 Sub Assistant Registrar(CS ) Ls To

1. The Sub Judge, Paramakudi.

2. The Judge, Family Court, Madurai.

+1 CC to M/s.PT.S.NARENDRAVASAN, Advocate ( SR-11091[F] dated 11/03/2020 ) TR C.M.P (MD) No.72 of 2020 and C.M.P(MD) No.1316 of 2020 11.03.2020 MK (12.05.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2