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Madras High CourtTR CMP(MD)/178/2020disposed of

Vignesh v. Vidyasri

2020-10-08Honourable Mr Justice R. Mahadevan2 pages

Tr.C.M.P(MD)No.178 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.10.2020

CORAM

THE HON'BLE MR.JUSTICE R.MAHADEVAN Tr.C.M.P(MD)No.178 of 2020 and C.M.P(MD) No.3278 of 2020 Dr.Vignesh ... Petitioner/Respondent -VsDr.Vidyasri ... Respondent/Petitioner Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 r/w 151 of C.P.C.,to withdraw the case in H.M.O.P.No.2960 of 2019 and M.C.No.58 of 2019 from the file of the learned II Additional Principal Family Court, Chennai and transfer the same to the file of Family Court, Virudhunagar for the disposal of the case on merits in accordance with law.

For Petitioner :

Mr.V.Manikandan For Respondent :

Mr.J.Barathan

O R D E R

The petitioner/husband seeks transfer of H.M.O.P.No.2960 of 2019 and M.C.No.58 of 2019 filed by the wife seeking restitution of conjugal rights, from the file of the learned II Additional Principal Family Court, Chennai to the file of the Family Court, Virudhunagar.

2. When the matter is taken up of hearing, both the Counsel for the parties agreed for transfer of the cases H.M.O.P.No.2960 of 2019 and M.C.No.58 of 2019, from the file of the learned II Additional Principal Family Court, Chennai to the file of the Family Court, Madurai. The learned Counsel for the respondent has also filed a memo to that effect.

3. In view of the same, the Transfer Civil Miscellaneous Petition is allowed and the proceedings in H.M.O.P.No.2960 of 2019 and M.C.No.58 of 2019 are withdrawn from the file of the learned II Additional Principal Family Court, Chennai and transferred to the Family Court, Madurai. The II Additional Principal Family Court, Chennai is directed to transmit the papers in H.M.O.P.No.2960 of 2019 and M.C.No.58 of 2019 to the Family Court, Madurai, forthwith.

4. The learned Judge, Family Court, Madurai, is directed to dispose of the proceedings in H.M.O.P.No.2960 of 2019 and M.C.No.58 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Tr.C.M.P(MD)No.178 of 2020 of 2019, within a period of six months from the date of receipt of the papers from the II Additional Principal Family Court, Chennai, 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-I) // True Copy // / /2020 Sub Assistant Registrar(CS) am 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 II Additional Judge,Principal Family Court, Chennai.

2. The Judge, Family Court, Madurai.

+1 CC to M/s.T.R.JEYAPALAM,Advocate ( SR-19553[F] dated 09/10/2020 ) +1 CC to M/s.V.MANIKANDAN, Advocate ( SR-19641[F] dated 09/10/2020 ) Tr.C.M.P(MD)No.178 of 2020 08.10.2020 SRK (CO) AP(15/10/2020) 2 P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2