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Madras High CourtTR CMP(MD)/223/2022allowed

Lakshmi Priya v. Jagateesh

2023-02-27Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.02.2023

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and C.M.P(MD)No.3908 of 2022 Lakshmi Priya ... Petitioner/ Respondent Vs.

Jagateesh ... Respondent/ Petitioner PRAYER : Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the H.M.O.P.No.28 of 2020 pending on the file of the learned Subordinate Court, Lalgudi, Trichy District and transfer the same to the file of the Subordinate Court, Kovilpatti, Tuticorin District and tried along with H.M.O.P.No.147 of 2020.

For Petitioner : Mr.S.Sades Kumar For Respondent : No appearance

ORDER

The present transfer civil miscellaneous petition has been filed by the wife seeking to transfer H.M.O.P.No.28 of 2020 pending on the file of the Subordinate Court, Lalgudi to be transferred to Subordinate Court, Kovilpatti, Thoothukudi District.

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2. According to the learned counsel for the petitioner/wife, the petitioner is the permanent resident of Kovilpatti and she had filed H.M.O.P.No.147 of 2020 for restitution of conjugal rights, which is pending before the Subordinate Court, Kovilpatti.

3. There is no representation on the side of the respondent/husband on the last two occasions.

4. Considering the aforesaid facts, H.M.O.P.No.28 of 2020 pending on the file of the Subordinate Court, Lalgudi, Trichy District, is hereby withdrawn and transferred to Subordinate Court, Kovilpatti.

5. With the above observation, the Transfer Civil Miscellaneous Petition is allowed. No costs. Consequently, connected Miscellaneous Petition is closed.

27.02.2023 NCC : Yes / No Index : Yes / No Rmk To 1.The Subordinate Judge, Lalgudi.

2.The Subordinate Judge, Kovilpatti.

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R.

VIJAYAKUMAR ,J.

Rmk Order made in 27.02.2023 4/4