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Madras High CourtTR CMP(MD)/157/2020disposed of

Muthulakshmi v. Sivasamy @ Ramesh

2020-12-17Honourable Mr Justice R. Mahadevan2 pages

Tr.C.M.P(MD)No.157 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.12.2020

CORAM

THE HON'BLE MR.JUSTICE R.MAHADEVAN Tr.C.M.P(MD)No.157 of 2020 and C.M.P(MD) No.2942 of 2020 Muthulakshmi ... Petitioner/Respondent -VsSivasamy @ Ramesh ... Respondent/Petitioner Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C.,to withdraw the H.M.O.P.No.535 of 2019 before the Family Court, Trichy and transfer the same to the file of the Sub Court, Dindigul.

For Petitioner :

Mr.A.Srinivasan for Mr.S.Premkumar For Respondent :

Mr.A.Senthil Kumar

O R D E R

The petitioner/wife, who is facing the proceedings for dissolving the marriage at the instance of the husband in H.M.O.P.No.535 of 2019, on the file of the Family Court, Trichy, seeks transfer of the same to the Subordinate Court, Dindigul.

2. The learned Counsel for the petitioner submitted that the petition filed by the petitioner in H.M.O.P.No.12 of 2019, for restitution of conjugal rights is also to be tried along with the proceedings in H.M.O.P.No.535 of 2019.

3. The learned Counsel appearing for the respondent fairly submitted that the respondent is not objecting the transfer of the petitions, but, only he required his safety, which is now assured by the learned Counsel appearing for the petitioner.

4. In such view of the matter, this Court is inclined to transfer H.M.O.P.No.535 of 2019, on the file of the the Family Court, Trichy, to the Subordinate Court, Dindigul, to be tried along with H.M.O.P.No.12 of 2019.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Tr.C.M.P(MD)No.157 of 2020

5. Accordingly, this Transfer Civil Miscellaneous Petition stands allowed. The learned Judge, Family Court, Trichy, is directed to transmit the papers to the Subordinate Court, Dindigul, forthwith.

6. The learned Judge, Subordinate Court, Dindigul, is directed to dispose of the proceedings in H.M.O.P.No.535 of 2019 along with H.M.O.P.No.12 of 2019 on merits, within a period of six months from the date of receipt of the papers from the Family Court, Trichy, after due notice and opportunity to both parties. However, there will be no order as to costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) pkn Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To

1. The Judge, Family Court, Trichy.

2. The Subordinate Judge, Dindigul.

Copy to: The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai.(2) Tr.C.M.P(MD)No.157 of 2020 and C.M.P(MD) No.2942 of 2020 17.12.2020 SGS(CO) CS(30.12.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2