V. Sharmathi v. P. Vimal Dev

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.06.2025

CORAM

THE HON'BLE MR JUSTICE K.K. RAMAKRISHNAN Tr.CMP.(MD)No.255 of 2025 and C.M.P.(MD)No.6693 of 2025 V.Sharmathi .. Petitioner/Respondent Vs.

P.Vimal Dev .. Respondent/Petitioner Prayer : Transfer Civil Miscellaneous Petitions are filed under Section 24 of the Code of Civil Procedure, to withdraw and transfer the petition in H.M.O.P.No.255 of 2024 before the Sub Court, Udhamapalayam, to the Principal Sub Court, Dindigul.

For Petitioner : Mr.M.Venkatesan For Respondent : No Appearance

ORDER

The present Transfer Civil Miscellaneous Petition has been filed to withdraw the H.M.O.P.No.255 of 2024 on the file of the Sub Court, Udhamapalayam, and transfer the same to the file of the Principal Sub Court, Dindigul.

2. The petitioner and the respondent herein are the husband and wife. The marriage between the petitioner and the respondent was solemnized on 28.06.2017 at Kavitha Dhamodharan Marriage Hall, as per the Hindu Rites and Customs. Even though, at the time of marriage, sufficient dowry was given to the petitioner, the respondent used to harass her in an inebriated condition and drive her out of the matrimonial home. Hence, she filed a petition in HMOP.No.103 of 2024 before the Principal Sub Court, Dindigul, seeking divorce and the respondent also filed a petition in HMOP.No.255 of 2024 before the Principal Sub Court, Uthamapalayam, seeking divorce HMOP.No.103 of 2024 before the Principal Sub Court, Dindigul.

3. The learned counsel appearing for the petitioner/wife submits that the divorce petition filed by the petitioner/wife in HMOP.No.103 of 2024 on the file of the Principal Sub Court, Dindigul, was allowed on 29.04.2025. To that effect, he also produced a copy of that order.

4. It is seen that the petitioner and the respondent filed a separate divorce petition in different jurisdictional Court. The petition filed by the wife in HMOP.No.103 of 2024 on the file of the Principal Sub Court, Dindigul, was allowed on 29.04.2025.

5. In view of the same, this Court finds no further adjudication in this petition and hence, the petition is liable to be closed.

6. Accordingly, the Transfer Civil Miscellaneous Petition is closed. There shall be no order as to costs. Consequently, the connected Civil Miscellaneous Petition is closed.

20.06.2025 Index :Yes/No Speaking Order :Yes/No :Yes/No dss

To 1.The Sub Court, Udhamapalayam.

2.The Principal Sub Court, Dindigul.

K.K. RAMAKRISHNAN , J.

dss Tr.CMP.(MD)No.255 of 2025 and C.M.P.(MD)No.6693 of 2025 20.06.2025