R.T.Dheepikha v. P.J.Nagarajan
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.07.2024
CORAM:
THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and C.M.P.(MD)No.5159 of 2024 R.T.Dheepika ... Petitioner/Respondent vs.
P.J.Nagarajan ... Respondent/ Petitioner Prayer:- Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C., to withdraw the case in H.M.O.P.No.1310 of 2023 from the file of the Family Court, Madurai and transfer the same to the file of the Family Court, Coimbatore.
For Petitioner : Mr.T.R.Subramanian For Respondent : Mr.Solaisamy
ORDER
The Transfer Civil Miscellaneous petition is filed by the petitioner/wife to withdraw the case in HMOP No.1310 of 2023 from the file of the Family Court, Madurai and transfer the same to the file of the Family Court, Coimbatore.
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2.The wife is pleading hardship and also the fact that she has already filed HMOP No.455 of 2024 on the file of Family Court, Coimbatore and both the petitions for restitution of conjugal rights as well as for divorce have to be tried together.
3.In view thereof, the learned counsel for the respondent cannot have any objection as to the fact, but, he only claims that in the event of a transfer, this Court can direct the Family Court, Coimbatore to expeditiously dispose of the matter.
4.In view thereof, this Transfer Civil Miscellaneous Petition is allowed on the following terms:
(i)HMOP No.1310 of 2023 on the file of the Family Court, Madurai is withdrawn and transferred to the file of the Family Court, Coimbatore to be tried along with HMOP No.455 of 2024. (ii) The Family Court, Coimbatore, is requested to take up the matters for expeditious disposal and dispose of the same at an early 2/4
date, in any event not later than one year from the date of receipt of a copy of this order.
No costs. consequently, connected miscellaneous petition is closed.
08.07.2024 NCC : Yes / No sji To 1.The Family Court, Madurai.
2.The Family Court, Coimbatore.
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D.BHARATHA CHAKRAVARTHY, J.
sji and C.M.P.(MD)No.5159 of 2024 08.07.2024 4/4