Madras High CourtTR CMP(MD)/213/2017allowed

Maheswari v. Athithya Pandian

2017-06-28Honourable Mr Justice R. Subramanian2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 28.06.2017

CORAM

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN TR.C.M.P(MD)No.213 of 2017 and C.M.P(MD)No.4881 of 2017 Maheswari .. Petitioner/Respondent vs.

Athithya Pandian .. Respondent/Petitioner Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil Procedure Code praying this Court to withdraw the case in H.M.O.P.No.4 of 2017 pending on the file of Sub-Court, Uthamapalayam, Theni District and transfer the same to the file of Sub-Court, Palani, Dindigul District.

For Petitioner : M/s.R.Jegadeeswaran For Respondent : M/s.K.P.S.Palanivelrajan

ORDER

The wife, who is the respondent in H.M.O.P.No.4 of 2017, on the file of Sub-Court, Uthamapalayam, filed by the husband seeking divorce on the ground of cruelty, seeks transfer of the same to Sub-Court Palani, Dindigul District, to be tried along with H.M.O.P.No.21 of 2017 filed by her seeking restitution of conjugal rights.

2.Even in the Original Petition in H.M.O.P.No.4 of 2017, the wife is shown to be a resident of Palani Town. 3.Considering the convenience of the wife as well as the fact that H.M.O.P.No.21 of 2017 filed by the wife seeking restitution of conjugal rights is pending before Sub-Court, Palani and there is likelihood of conflicting judgements if the Petitions are allowed to be tried by two different courts, this Transfer Civil Miscellaneous Petition is allowed and the Petition in H.M.O.P.No.4 of 2017 is withdrawn from the file of Sub-Court,Uthamapalayam, Theni District and transferred to the file of Sub-Court, Palani. The Sub-Court, Uthamapalayam,Theni District is directed to despatch the records to Sub-Court, Palani,Dindigul District within a period of two weeks from the date of receipt of copy of https://hcservices.ecourts.gov.in/hcservices/

this order. H.M.O.P.No.4 of 2017, on transfer, shall be heard along with H.M.O.P.No.21 of 2017 pending on the file of Sub-Court, Palani, Dindigul District. Consequently, connected Miscellaneous Petition is closed. No costs.

Sd /- ASSISTANT REGISTRAR /TRUE COPY/ SUB ASSISTANT REGISTRAR To 1.The Sub-Judge, Uthamapalayam, Theni District.

2.The Sub-Judge, Palani, Dindigul District.

+1 CC TO MR.R.JEGADEESWARAN, ADVOCATE,SR NO.62428 vsn MAS/MR-KKR/SAR2:04.07.2017:2P-4C TR.C.M.P(MD)No.213 of 2017 and C.M.P(MD)No.4881 of 2017 28.06.2017 https://hcservices.ecourts.gov.in/hcservices/