Madras High CourtTR CMP(MD)/206/2018allowed

Sathya v. V. Ramkumar

2018-09-27Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.09.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Tr.C.M.P.(MD)No.206 of 2018 and C.M.P.(MD)No.4949 of 2018 Sathya

...Petitioner

/Vs./ V.Ramkumar

...Respondent

Prayer: Petition - filed under Section 24 of the Civil Procedure Code, to withdraw the petition in H.M.O.P.No.220 of 2018 on the file of the Family Court, Madurai and transfer the same to the Sub Court, Mudhukulathor and to be tried along with H.M.O.P.No.31 of 2018 on the file of the Sub Court, Mudhukulathoor and allow the petition. For Petitioner : Mr.S.Sivaprakash For Respondent : Mr.C.Mayilvahana Rajendran

ORDER

The petitioner got married to the respondent on 04.12.2016. The marital relationship appears to have come under strain. Therefore, the petitioner herein filed H.M.O.P.No.31 of 2018 before the Sub Court, Mudhukulathoor and the respondent herein filed H.M.O.P.No.220 of 2018 before the Family Court, Madurai. The petitioner is based in Ramanathapuram District. Therefore, it will be difficult for the petitioner to go over to Madurai and contest the proceedings there.

2. In the very nature of things, both the cases will have to be tried together. I am of the view that the petition filed by the husband can be withdrawn and transferred to Mudhukulathoor for being jointly tried along with H.M.O.P.No.31 of 2018 filed by the petitioner herein. Therefore, H.M.O.P.No.220 of 2018 is withdrawn from the Family Court, Madurai and transferred to the Sub Court, Mudhukulathoor, for being jointly tried along with H.M.O.P.No.31 of 2018. Accordingly, this Transfer Civil Miscellaneous Petition is allowed. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS-II) /True Copy/ https://hcservices.ecourts.gov.in/hcservices/ Sub Assistant Registrar(CS-III)

To 1.The Sub Judge, Mudhukulathoor.

2.The Judge, Family Court, Madurai.

• 1 CC TO Mr.S.Sivaprakash , ADVOCATE IN SR No.87214. • + 1 CC TO Mr.C.Mayilvahana Rajendran, ADVOCATE IN SR No.87490. SM DS SKN SAR3 08 11 2018 2P 5C • Order made in Tr.C.M.P.(MD)No.206 of 2018 https://hcservices.ecourts.gov.in/hcservices/