Prathana v. Dhivakar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.04.2023

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN and C.M.P.(MD)No.2459 of 2023 Prarthana .. Petitioner

Versus

Dhivakar .. Respondent Prayer :- Petition filed under Section 24 of C.P.C., to withdraw and transfer H.M.O.P.No.153 of 2022, on the file of the Subordinate Court, Lalgudi, to the file of the Sub-Court, Kulithalai.

For Petitioner :

Mr.Vasik Ali for Mr.RM.Sivakumar For Respondent :

No Appearance

ORDER

The petitioner has filed this Transfer Civil Miscellaneous Petition seeking to transfer H.M.O.P.No.153 of 2022, filed by the respondent herein, for restitution of conjugal rights, from the Subordinate Court, Lalgudi, to the Sub-Court, Kulithalai, to be tried along with H.M.O.P.SR.No.6914 of 2022, filed by the petitioner for dissolution of the marriage.

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2. Today, when the matter is taken up for hearing, there is no representation on behalf of the respondent, despite service of notice on the respondent and his name is also printed in the cause list.

3. The petitioner has stated that she has no other independent income and is depending on her parents for her day-to-day expenses and also for the litigation expenses.

4. Being satisfied with the reasons stated in the affidavit filed in support of the Transfer Civil Miscellaneous Petition, this Court is inclined to allow this Petition, by directing transfer of H.M.O.P.No.153 of 2022, pending on the file of the Sub Court, Lalgudi, to the file of Sub Court, Kulithalai, to be tried along with H.M.O.P.SR.No. 6914 of 2022.

5. This Transfer Civil Miscellaneous Petition stands allowed with the above direction. No costs. Consequently, connected Miscellaneous Petition is closed. NCC : Yes/No 06.04.2023 Index : Yes/No Internet : Yes/No smn2 To 1.The Sub Judge, Lalgudi.

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2.The Sub Judge, Kulithalai.

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C.SARAVANAN, J.

smn2 Order made in 06.04.2023 4/4