R.Roselinmary v. S.Suriyakumar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.09.2018
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN TR.C.M.P.(MD).No.308 of 2018 and C.M.P.(MD)No.7635 of 2018 R.Roselinmary ... Petitioner/ Respondent-Wife Vs.
S.Suriyakumar ... Respondent/ Petitioner-Husband PRAYER : Petition is filed under Section 24 of Civil Procedure Code, to withdraw and transfer the original petition in H.M.O.P.No.72 of 2018 on the file of the Sub Court, Mettur, and to transfer the same to the file of the Sub Court, Ambasamudram.
For Petitioner : Mr.J.Ashok For Respondent : Mr.T.Selvan
O R D E R
The petitioner got married to the respondent on 06.02.2017. The petitioner herein filed D.O.P.No.115 of 2018 before the District Court, Tirunelveli, seeking the relief of restitution of conjugal rights. The respondent herein filed H.M.O.P.No.72 of 2018 before the Sub Court Mettur, for divorce.
2. In the very nature of things, both the petitions will have to be heard together for conflicting decisions. Since the petitioner is a woman, it will be difficult for her to go all the way to Mettur and contest the proceedings. Hence, in the interest of justice, this Court withdraws H.M.O.P.No.72 of 2018 from the file of the Sub Court, Mettur and transfers the same to the file of the District Court, Tirunelveli, for joint trial along with D.O.P.No.115 of 2018. https://hcservices.ecourts.gov.in/hcservices/
3. The Transfer Civil Miscellaneous petition stands allowed,
accordingly. No costs. Consequently, connected Miscellaneous petition is closed.
Sd/- Joint Registrar (Judicial) /True Copy/ Sub Assistant Registrar (CS-II) To
1. The District Judge, Tirunelveli.
2. The Subordinate Judge, The Subordinate Court, Mettur.
3. The Subordinate Judge, The Subordinate Court, Ambasamudram.
+ 1 CC TO Mr.J.ASHOK, ADVOCATE IN SR No. 84596 + 1 CC TO Mr.T.SELVAN, ADVOCATE IN SR No. 84855 PMU KK/RP/SAR-2 : 23/10/2018 : 2P/6C TR.C.M.P.(MD).No.308 of 2018 and C.M.P.(MD)No.7635 of 2018 14.09.2018 https://hcservices.ecourts.gov.in/hcservices/