Madras High CourtTR CMP(MD)/274/2022ordered

S.Jeyachandran v. Veeralakshmi

2022-11-04Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.11.2022

CORAM

THE HONOURABLE MR.JUSTICE B.PUGALENDHI and C.M.P(MD) No.4648 of 2022 S.Jeyachandran ... Petitioner -VsVeeralakshmi ... Respondent Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C., to withdraw H.M.O.P.No.41 of 2022 on the file of the Sub Court, Srivilliputhur and to transfer the same to the file of the Sub Court, Madurai and be tried along with H.M.O.P.No.3 of 2021. For Petitioner : Mr.D.Venkatesh For Respondent : Mr.A.Sivaji

O R D E R

This Transfer Civil Miscellaneous Petition is filed seeking transfer of the proceedings in H.M.O.P.No.41 of 2022 from the file of the Sub Court, Srivilliputhur to the file of the Sub Court, Madurai, be tried along with H.M.O.P.No.3 of 2021 pending on its file.

1/4

2.Today(23.11.2022), when this Transfer Civil Miscellaneous Petition is taken up for hearing, the learned counsel appearing for the petitioner/husband submits that at the instance of the respondent/wife, the proceedings in H.M.O.P.No.3 of 2021 filed by the petitioner/husband for divorce, on the file of the Sub Court, Udumalpet, has already been transferred to the Sub Court, Madurai. Hence, the proceedings in H.M.O.P.No.41 of 2022 filed by the wife for Restitution of Conjugal Rights, pending on the file of the Sub Court, Srivilliputhur may also be transferred to the Sub Court, Madurai.

3.Considering the submission made on behalf of the petitioner/husband that the proceedings in H.M.O.P.No.3 of 2021 has already been transferred to the Sub Court, Madurai, this transfer civil miscellaneous petition is allowed. The proceedings in H.M.O.P.No.41 of 2022, on the file of the Sub Court, Srivilliputhur is withdrawn and ordered to be transferred to the file of the Sub Court, Madurai. The learned Subordinate Judge, Srivilliputhur is 2/4

directed to transmit the entire case records to the Sub Court, Madurai forthwith and the learned Subordinate Judge, Madurai, who in turn shall conduct the trial along with H.M.O.P.No.3 of 2021 and dispose of both the petitions as expeditiously as possible. No costs. Consequently, connected miscellaneous petition is closed. 04.11.2022 Index : Yes/No Internet : Yes/No vrn To 1.The Subordinate Court, Srivilliputhur.

2.The Subordinate Court, Madurai.

3.The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai.

3/4

B.PUGALENDHI, J.

vrn Order made in and C.M.P(MD) No.4648 of 2022 04.11.2022 4/4