Thuvatha Santham v. Senthilmurugan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.08.2018

CORAM

THE HONOURABLE MR. JUSTICE G.R.SWAMINATHAN Tr.C.M.P.(MD).No.283 of 2017 and C.M.P.(MD).Nos.6246 of 2017 & 5537 of 2018 Thuvatha Santham .. Petitioner Vs.

Senthilmurugan .. Respondent PRAYER: This Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, to withdraw the case in H.M.O.P.No.60 of 2016 on the file of the Family Court, Srivilliputhur and to transfer the same to the file of the SubCourt, Ramanathapuram to be tried along with H.M.O.P.No.7 of 2017. For Petitioner : Mr.D.Venkatesh For Respondent : Mr.G.Thalaimutharasu

ORDER

The petitioner is the wife. The respondent filed H.M.O.P.No.60 of 2016 on the file of the Family Court, Srivilliputhur seeking restitution of conjugal rights. The petitioner filed H.M.O.P.No. 7 of 2017 before the Sub Court, Ramnad seeking divorce.

2. In the very nature of things, both original petitions will have to be tried together. Since the petitioner is the wife, this Court is of the view that H.M.O.P.NO.60 of 2016 can be transferred.

3. In such view of the matter, H.M.O.P.No.60 of 2016 is withdrawn from the file of the Family Court, Srivilliputhur and transferred to the file of the Sub Court, Ramanathapuram for joint trial with H.M.O.P.NO. 7 of 2017.

4. In the result, this Transfer Civil Miscellaneous Petition is allowed. No costs. Consequently, connected C.M.P.(MD) Nos. 5537 and 6246 of 2018 are closed.

Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar (CS-I) To 1.The Judge, Family Court, Srivilliputhur.

https://hcservices.ecourts.gov.in/hcservices/

2.The Sub Judge, Ramanathapuram.

+1cc to Mr.D.Venkatesh Advocate in sr.no.79930. +1cc to Mr.G.Thalaimutharasu Advocate in sr.no.79976. CM DS SV SAR-1:17.09.2018: 2P/5C Tr.C.M.P.(MD).No.283 of 2017 and C.M.P.(MD).Nos.6246 of 2017 & 5537 of 2018 23.08.2018 https://hcservices.ecourts.gov.in/hcservices/