Madras High CourtTR CMP(MD)/211/2019allowed

Devi, v. Marudhupandi,

2020-01-31Honourable Mr Justice R. Subramanian2 pages

Tr.C.M.P(MD)No.211 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.01.2020

CORAM

THE HON'BLE MR.JUSTICE R.SUBRAMANIAN Tr.C.M.P(MD)No.211 of 2019 and C.M.P(MD) No.4862 of 2019 Devi ... Petitioner -VsMarudhupandi ... Respondent Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C.,to withdraw the H.M.O.P.No.64 of 2018 pending before the Sub Court, Mudhukulathur, transfer the same to Sub Court, Ramanathapuram and tried along with H.M.O.P.No.6 of 2015, on the file of Sub Court, Ramanathapuram.

For Petitioner :

Mr.R.Rajaraman For Respondent :

Mr.M.Jegadeeshpandian

O R D E R

The wife, who is the petitioner in H.M.O.P.No.64 of 2018 filed by her for restitution of conjugal rights, has come up with this petition seeking transfer of the same to Sub Court, Ramanathapuram to be tried along with H.M.O.P.No.6 of 2015 pending on its file.

2. H.M.O.P.No.6 of 2015 was originally filed before the Sub Court, Kovilpatti as H.M.O.P.No.100 of 2014. By order, dated 15.10.2014 made in Tr.C.M.P(MD)No.227 of 2014 the said petition was transferred to Sub Court, Ramanathapuram. Pending the said petition for divorce, the wife has now chosen to file an application for restitution of conjugal rights in H.M.O.P.No.64 of 2018 before the Sub Court, Mudhukulathur.

3. Considering the fact that the petition for divorce is already pending before the Sub Court, Ramanthapuram, H.M.O.P.No.64 of 2018 can be transferred to Sub Court, Mudhukulathur to be tried along with H.M.O.P.No.6 of 2015.

4. Hence, this Transfer Civil Miscellaneous Petition is allowed and the proceedings in H.M.O.P.No.64 of 2018 is withdrawn https://hcservices.ecourts.gov.in/hcservices/ 1/2

Tr.C.M.P(MD)No.211 of 2019 from the file of the Sub Court, Mudhukulathur and transferred to the file of Sub Court, Ramanathapuram to be tried along with H.M.O.P.No.6 of 2015, which is already pending on the file of the Sub Court, Ramanathapuram. The Sub Court, Mudhukulathur is directed to transmit the papers to the Sub Court, Ramanathapuram, forthwith. However, there will be no order as to costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) am To

1. The Sub Court, Mudhukulathur.

2. The Sub Court, Ramanathapuram.

3. The Record Keeper, V.R.Section, (2 copies) Madurai Bench of Madras High Court, Madurai.

+1 CC to Mr.R.RAJARAMAN, Advocate ( SR-4250[F] dated 31/01/2020 ) Tr.C.M.P(MD)No.211 of 2019 31.01.2020 VB(17.02.2020) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2