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Madras High CourtTR CMP(MD)/304/2018allowed

Suriyakala, v. P.Rajkumar,

2018-09-04Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.09.2018

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Tr.C.M.P.(MD).No.304 of 2018 and C.M.P.(MD)No.7461 of 2018 Suriyakala ... Petitioner Vs.

P.Rajkumar ... Respondent PRAYER: Petition filed under Section 24 of Civil Procedure Code, to transfer and withdraw the case in H.M.O.P.No.21 of 2018 on the file of the Principal Subordinate Court, Theni, to the Principal Subordinate Court, Dindigul.

For petitioner : Mr.N.Kamesh

ORDER

The petitioner herein is the wife of the respondent. The respondent filed H.M.O.P.No.21 of 2018 on the file of the learned Principal Subordinate Judge, Theni, seeking restitution of conjugal rights. The petitioner herein filed H.M.O.P.No.21 of 2018 before the learned Principal Sub Judge, Dindigul, seeking divorce. In the very nature of things both the petitions have to be tried together.

2.Since, the petitioner is a woman, this Court is of the view that the case filed by the respondent can be transferred. In this view of the matter, this Court withdraws H.M.O.P.No.21 of 2018 from the file of the learned Principal Subordinate Judge, Theni and transfer it to the file of Principal Sub Judge, Dindigul for joint trial with H.M.O.P.No.21 of 2018 filed by the petitioner herein.

3.Accordingly, this Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CS-I) // True Copy // https://hcservices.ecourts.gov.in/hcservices/ Sub Assistant Registrar(CS-IV)

To:

1.The Principal Sub Judge, Theni.

2.The Principal Sub Judge, Dindigul.

+1 CC To MR.N.KAMESH, Advocate SR. NO. 82041 ORDER MADE IN Tr.C.M.P.(MD).No.304 of 2018 and C.M.P.(MD)No.7461 of 2018 04.09.2018 TR/RP/SAR-IV(28.09.2018)2P 4C https://hcservices.ecourts.gov.in/hcservices/