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Madras High CourtTR CMP(MD)/148/2018allowed

Santhi W/O.Sampath v. Sampath,

2018-10-12Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.10.2018

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN TR.C.M.P.(MD).No.148 of 2018 and C.M.P.(MD)No.3145 of 2018 Santhi ... Petitioner/Respondent Vs.

Sampath ... Respondent/Petitioner PRAYER : Transfer Civil Miscellaneous petition is filed under Section 24 of the Civil Procedure Code, to withdraw H.M.O.P.No.118 of 2017 pending on the file of the Sub Court, Ramanathapuram and transfer the same to the file of the Sub Court, Devakottai. For Petitioner : Mr.A.Muralikumar For Respondent : No appearance.

O R D E R

The petitioner got married to the respondent on 24.03.2006. The respondent filed H.M.O.P.No.118 of 2017 before the Sub Court, Ramanathapuram, seeking divorce. The petitioner on the other hand filed H.M.O.P.No.23 of 2018 before the Sub Court, Devakottai, for restitution of conjugal rights.

2. Therefore, in the very nature of things, both the cases will have to be tried together. Since the petitioner is a woman, in the interest of justice, this Court withdraws H.M.O.P.No.118 of 2017 from the file of the Sub Court, Ramanathapuram, and transfers the same to the file of the Sub Court, Devakottai, for being jointly tried along with H.M.O.P.No.23 of 2018. The Sub Court, Devakottai, shall issue fresh notice of hearing to the respondent. The respondent however need not appear in person before the Sub Court, Devakottai, on all occasions. He needs to appear only on counselling dates and on those days, when for his examination as witness, his presence is necessary and on all other days he can be represented through his counsel.

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3. The Transfer Civil Miscellaneous petition stands allowed, accordingly. No costs. Consequently, connected Miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar(CS-III) To

1. The Subordinate Judge, Ramanathapuram.

2. The Subordinate Judge, Devakottai.

• 1 CC TO Mr.A.Muralikumar, ADVOCATE IN SR No.90645. • • Pmu • DS SKN SAR3 03 12 20185 2P 4C ORDER MADE IN TR.C.M.P.(MD).No.148 of 2018 and C.M.P.(MD)No.3145 of 2018 12.10.2018 https://hcservices.ecourts.gov.in/hcservices/