Madras High CourtTR CMP(MD)/372/2022allowed

Lalitha, v. Saravanan,

2023-03-10Honourable Mr Justice C. Saravanan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.03.2023

CORAM

THE HON'BLE MR.JUSTICE C.SARAVANAN and C.M.P(MD)No.6154 of 2022 Lalitha ... Petitioner/ Respondent Vs.

Saravanan ... Respondent/ Petitioner PRAYER : Transfer Civil Miscellaneous Petition is filed under Section 24 of Code of Civil Procedure, to withdraw the case in H.M.O.P.No.82 of 2021 from the file of the Sub Court, Vedasandur, Dindigul District to the file of the Family Court, Trichy, Trichy District. For Petitioner : Mr.M.Pitchai Muthu For Respondent : Mr.N.Adithyavijayalayan For Mr.D.Venkatesh

ORDER

The present transfer civil miscellaneous petition has been filed to transfer H.M.O.P.No.82 of 2021 from the file of the Sub Court, 1/4

Vedasandur, Dindigul District to the file of the Family Court, Trichy, Trichy District.

2. The petitioner has already filed H.M.O.P.No.657 of 2021 before the Family Court, Trichy. The respondent appears to be keen on joining with the petitioner. Therefore, filed H.M.O.P.No.82 of 2021 for restitution of conjugal rights before the Sub Court, Vedasandur, Dindigul District.

3. The learned counsel for the respondent submits that minor child is under the custody of the respondent.

4. Considering the fact that H.M.O.P.No.657 of 2021 is pending before the Family Court, Trichy, H.M.O.P.No.82 of 2021 is directed to be transferred from Sub Court, Vedasandur, Dindigul District to the file of the Family Court, Trichy, Trichy District and tried along with H.M.O.P.No.657 of 2021, which is pending before the Family Court, Trichy.

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5. The present Transfer Civil Miscellaneous Petitions stands allowed with the above observations. No costs. The Family Court, Trichy shall endeavour to complete the proceedings preferably within a period of 12 months from the date of receipt of copy of this order. Considering the fact that both the petitioner and the respondent are coolie workers and depend on daily earning, the personal appearance of the petitioner and the respondent stand dispensed with. However, as and when the Court directs that the petitioner and respondent to appear before the Court, they shall appear.

10.03.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No sn To 1.The Sub Court, Vedasandur, Dindigul District.

2.The Family Court, Trichy, Trichy District 3.The Section Officer, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

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C.SARAVANAN ,J.

SN 10.03.2023 4/4