Madras High CourtTR CMP(MD)/367/2016withdrawn dismissed

S.Abirami v. S.Kalimuthu

2016-11-01Honourable Mr Justice S.M. Subramaniam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.11.2016

CORAM

THE HONOURABLE MR.JUSTICE S.M. SUBRAMANIAM Tr.C.M.P(MD)No.367 of 2016 and C.MP(MD).No.7094 of 2016 S.Abirami ... Petitioner/Respondent Vs.

S.Kalimuthu ... Respondent/Petitioner Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code to withdraw the HMOP.No.92/2016 on the file of Sub Court, Madurai (Melur Camp) and to transfer the same to the Chief Judicial Magistrate Court, Ramanathapuram with a direction to conduct the joint trial along with MC.No.50/2015 pending disposal of Chief Judicial Magitrate Court, Ramanathapuram.

For Petitioner : Mr.J.M.Hassanul Bazari For respondent :Mr.A.C.Asaithambi

ORDER

The Transfer Civil Miscellaneous Petition is filed to withdraw HMOP.No.92/2016 on the file of Sub Court, Madurai (Melur Camp) and to transfer the same to the Chief Judicial Magistrate Court, Ramanathapuram to try along with MC.No.50/2015 pending disposal on the file of the Chief Judicial Magitrate Court, Ramanathapuram.

2. The learned counsel appearing for the respondent submits that the respondent filed H.M.O.P.No.92 of 2016 for restitution of conjugal rights before the Sub-Court, Madurai (Melur Camp). Despite the negotiations, the petitioner and the respondent are not willing to resume the matrimonial home and therefore, the respondent is not interested in pursuing the case filed by him in H.M.O.P.No.92 of 2016 and the learned counsel for the respondent undertakes to withdraw H.M.O.P.No.92 of 2016, pending before SubCourt, Madurai (Melur Camp). 3.The learned counsel for the petitioner, on the basis of the undertaking given by the learned counsel for the respondent, also made an endorsement in this petition, to withdraw the same. https://hcservices.ecourts.gov.in/hcservices/

3.On the basis of the endorsement made by the learned counsel for the petitioner, this Transfer Civil Miscellaneous Petition is dismissed as withdrawn. No costs. Consequently, connected Miscellaneous Petition is also dismissed.

Sd/- Assistant Registrar(Writs) /True copy/ Sub Assistant Registrar To 1.The Subordinate Judge, Madurai (Melur Camp) Sub-Court, Melur.

2. The Chief Judicial Magistrate, Ramanathapuram.

+1 cc to M/s.J.M.Hassanul Bazari, Advocate in SR.No. 64798 +1 cc to M/s.C.Asaithambi, Advocate in SR.No. 64570 vs CSL/DB/18.11.2016: 2P/5C Tr.C.M.P(MD)No.367 of 2016 01.11.2016 https://hcservices.ecourts.gov.in/hcservices/