Madras High CourtTR CMP(MD)/57/2017allowed

Mrs.Sathya v. C.Soodamani

2018-10-04Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.10.2018

CORAM

THE HONOURABLE MR. JUSTICE G.R.SWAMINATHAN Tr.C.M.P.(MD).No.57 of 2017 and C.M.P.(MD).No.1332 of 2017 Sathya .. Petitioner Vs.

C.Soodamani .. Respondent PRAYER: This Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, to withdraw H.M.O.P.No.63 of 2016 pending on the file of the Sub Court at Aruppukkottai and transfer the same to the file of the Family Court, Madurai and to try the same along with H.M.O.P.No.378 of 2016 pending on the file of Family Court, Madurai.

For Petitioner: Mr.S.Ramesh for Mr.V.Raghavachari For Respondent: No appearance.

O R D E R

The petitioner herein got married to the respondent on 25.10.2015. The relationship between them appears to have come under strain. The petitioner filed H.M.O.P.No.378 of 2016 on the file of the Family Court, Madurai for restitution of conjugal rights. The respondent filed H.M.O.P.No.63 of 2016 on the file of the Sub Court, Aruppukkottai for the very same relief of restitution of conjugal rights.

2. H.M.O.P filed by the petitioner herein was allowed. H.M.O.P. Filed by the respondent is still pending. The petitioner is based in Madurai. It is difficult to come over to Aruppukkottai to contest the proceedings there. Therefore, taking note of the fact that the petitioner is a woman, this Court withdraws H.M.O.P.No.63 of 2016 from the file of the Sub Court, Aruppukkottai and transfer the same to the file of the Family Court, Madurai.

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3. In the result, Transfer Civil Miscellaneous Petition is

allowed.No costs. Consequently, connected miscellaneous petition in C.M.P.(MD) No. 1332 of 2017 is closed.

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

2.The Subordinate Judge, Arupppukkottai.

+ 1 CC TO MR.V.RAGHAVACHARI, ADVOCATE IN SR NO.88768 CM BU/PM/SAR-III :30.10.2018 : 2P/4C Tr.C.M.P.(MD).No.57 of 2017 and C.M.P.(MD).No.1332 of 2017 04.10.2018 https://hcservices.ecourts.gov.in/hcservices/