Madras High CourtTR CMP(MD)/33/2019disposed of

Vinitha, v. Dinakaran,

2019-10-17Honourable Ms. Justice P.T. Asha3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 17.10.2019

CORAM

THE HONOURABLE MS. JUSTICE P.T.ASHA Tr.C.M.P.(MD)Nos.33 and 113 of 2019 and C.M.P.(MD)Nos.1056 and 2486 of 2019 Vinitha .. Petitioner/Respondent Vs.

Dinakaran .. Respondent/Petitioner Prayer : Petition is filed under Section 24 of Civil Procedure Code, to withdraw the case bearing H.M.O.P.No.20 of 2018 on the file of the learned Principal Subordinate Judge, Paramakudi, Ramanathapuram District and subsequently transfer the same to the learned Family Court, Madurai and try along with H.M.O.P.No.364 of 2018 pending on the file of the learned Family Court, Madurai forthwith. For Petitioner : No Appearance For Respondent : Mr.J.Barathan Tr.C.M.P.(MD)No.113 of 2019 :

Dinakaran .. Petitioner Vs.

Vinitha .. Respondent Prayer : Petition is filed under Section 24 of Civil Procedure Code, to withdraw the petition for restitution of conjugal rights in H.M.O.P.No.364 of 2018 on the file of the learned Family Court, Madurai and to transfer the same to the file of the Principal Subordinate Court, Paramakudi, Ramanathapuram District to be tried along with the divorce petition in H.M.O.P.No.20 of 2018. 1/3

For Petitioner : Mr.J.Barathan For Respondent : No Appearance COMMON ORDER Tr.C.M.P.(MD)No.33 of 2019 was filed by the wife seeking to transfer the petiton in H.M.O.P.No.20 of 2018 on the file of the learned Principal Subordinate Judge, Paramakudi, Ramanathapuram District to the file of the learned Family Judge, Madurai to be tried along with the petition in H.M.O.P.No.364 of 2018. 2.Tr.C.M.P.(MD)No.113 of 2019 was filed by the husband seeking to transfer petiton in H.M.O.P.No.364 of 2018 on the file of the learned Family Judge, Madurai to the file of the learned Principal Subordinate Judge, Paramakudi, Ramanathapuram District to be tried along with the petition in H.M.O.P.No.20 of 2018. 3.These petitions came on three occasions, namely on 15.10.2019, 16.10.2019 and today (17.10.2019).

Though the learned counsel appearing for the wife has entered appearance before this Court, when the matter was taken up, there was no representation for the wife. Hence, this Court had proceeded to hear the learned counsel appearing for the husband in Tr.C.M.P.(MD)No.113 of 2019. The only ground on which the husband is seeking to withdraw H.M.O.P.No.364 of 2018 is that he had suffered serious injuries in an accident, which has left him physically immovable. He is finding it difficult to travel and if he is asked to travel from Paramakudi to Madurai for every hearing, he will suffer immense physical hardship. Though the petition was filed for transfering the H.M.O.P.No.

364 of 2018 to the Principal Subordinate Court, Paramakudi, the learned counsel would fairly concede that it would suffice, if both the matters are transferred to the III Additional Sub Court, Madurai, wherein the presence of the parties are not required. Taking into account of the above stated fact, H.M.O.P.No.364 of 2018 which is pending on the file of Family Court, Madurai is withdrawn and transferred to the file of the III Additional Sub Court, Madurai under whose jurisdiction Sholavandhan, falls.

4.The learned Judge, Family Court, Madurai and the learned Princpal Subordinate Judge, Paramakudi, are directed to transmit the entire records in H.M.O.P.Nos.364 and 20 of 2018 respectively to the III Additional Subordinate Court, Madurai. The learned III Additional Subordinate Judge, Madurai, is directed to tag H.M.O.P.No.364 of 2018 along with HMOP No.20 of 2018, conduct joint trial and dispose of the same on merits and in accordance with law. 2/3

5.With the above direction, these Transfer Civil Miscellaneous Petitions are disposed of. No Costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar () // True Copy // Sub Assistant Registrar(CS) Mrn To 1.The Principal Sub Judge,Paramakudi.

2.The Family Judge, Madurai.

3.The III Additional Sub Judge, Madurai.

+1CC to Mr.T.R.Jeyapalam, Advocate, SR.No.92760. Tr.C.M.P.(MD)Nos.33 and 113 of 2019 17.10.2019 CS(21.11.2019) 3P 5C 3/3