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Madras High CourtTR CMP(MD)/213/2020disposed of

P.Vimala v. P.Ravikumar

2020-11-18Honourable Mr Justice R. Mahadevan2 pages

Tr.C.M.P(MD)No.213 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.11.2020

CORAM

THE HON'BLE MR.JUSTICE R.MAHADEVAN Tr.C.M.P(MD)No.213 of 2020 and C.M.P(MD) No.4708 of 2020 P.Vimala ... Petitioner/Respondent -VsRavikumar ... Respondent/Petitioner Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C.,to withdraw the case in F.C.O.P.No.588 of 2018 pending on the file of the Family Court, Namakkal and transfer the same to try along with H.M.O.P.No.29 of 2020, on the file of the Sub Court, Kulithalai, Karur District.

For Petitioner :

Mr.AN.Ramanathan For Respondent :

Mr.S.T.Sasidharan Tamilkani

O R D E R

The petitioner/wife, who is facing the proceedings for dissolving the marriage at the instance of the husband in F.C.O.P.No.588 of 2018, on the file of the Family Court, Namakkal, seeks transfer of the same to the Sub Court, Kulithalai at Karur District, to be tried along with petition for restitution of conjugal rights filed by her in H.M.O.P.No.29 of 2020.

2. Admittedly, the wife resides at Karur district and transfer is sought for mainly on the ground of convenience.

3. Considering the convenience of the wife, F.C.O.P.No.588 of 2018, on the file of the Family Court, Namakkal, can be transferred to the Sub Court, Kulithalai at Karur District, to be tried along with H.M.O.P.No.29 of 2020.

4. In view of the above, this Transfer Civil Miscellaneous Petition is allowed and the proceedings in F.C.O.P.No.588 of 2018 is withdrawn from the file of the Family Court, Namakkal and https://hcservices.ecourts.gov.in/hcservices/ 1/2

Tr.C.M.P(MD)No.213 of 2020 transferred to Sub Court, Kulithalai at Karur District, to be tried along with H.M.O.P.No.29 of 2020. The learned Judge, Family Court, Namakkal, is directed to transmit the papers to the Sub Court, Kulithalai at Karur District, forthwith.

5. The learned Judge, Sub Court, Kulithalai, Karur District, is directed to dispose of the proceedings in F.C.O.P.No.588 of 2018 along with H.M.O.P.No.29 of 2020, within a period of six months from the date of receipt of the papers from the Family Court, Namakkal, after due notice and opportunity to both parties. However, there will be no order as to costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) pkn/pm Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To

1. The Judge, Family Court, Namakkal.

2. The Judge, Sub Court, Kulithalai, Karur.

3. The Record Keeper, V.R.Section, (2 copies) Madurai Bench of Madras High Court, Madurai.

+1 CC to Mr.S.T.SASIDHARAN TAMILKANI, Advocate ( SR-22150[F] dated 19/11/2020 ) Tr.C.M.P(MD)No.213 of 2020 18.11.2020 VB (26.11.2020) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2