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Madras High CourtTR CMP(MD)/359/2018allowed

Shilpa v. P.Victor Pandian

2018-10-10Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.10.2018

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN TR.C.M.P.(MD).No.359 of 2018 and C.M.P.(MD).No.8627 of 2018 Shilpa ... Petitioner/Respondent Vs P.Victoria Pandian ... Respondent PRAYER : Petition filed under Section 24 of Civil Procedure Code to withdraw the petition in H.M.O.P.No.62 of 2018 on the file of the learned Subordinate Judge, Usilampatti (CAMP) Court and transfer the same to the learned Subordinate Court, Tirumangalam and to be tried with H.M.O.P.No.47 of 2018 before the learned Subordinate Court, Tirumangalam and allow the petition. For Petitioner : Mr.S.Sivaprakash For Respondent : Mr.K.Hemakarthikeyan

ORDER

The petitioner got married to the respondent on 13.11.2016. The relationship between the parties appears to have come under strain. The respondent filed H.M.O.P.No.62 of 2018 on the file of the learned Subordinate Judge, Usilampatti (CAMP) Court, seeking the relief of divorce. The petitioner herein has applied for restitution of conjugal rights for filing H.M.O.P.No.47 of 2018 before the learned Subordinate Court, Tirumangalam.

2.In the very nature of things, both the cases will have to be heard together. In the interest of justice, this Court withdraws H.M.O.P.No.62 of 2018 from the file of the learned Subordinate Judge, Usilampatti (CAMP) Court and transfers the same to the file of the learned Subordinate Court, Tirumangalam, to be tried along with H.M.O.P.No.47 of 2018.

3.The learned Subordinate Judge, Thirumangalam is directed to dispose of both the H.M.O.Ps., on merits and in accordance with law within a period of eight months from the date of receipt of a copy of this order.

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4.Accordingly, this Transfer Civil Miscellaneous Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS-I) To 1.The Subordinate Judge, Usilampatti (CAMP) Court.

2.The Subordinate Judge, Tirumangalam.

+1 CC To MR.K.HEMAKARTHIKEYAN, Advocate SR. NO.89923 +1 CC To MR.S.SIVAPRAKASH, Advocate SR. NO. 89846 ORDER MADE IN TR.C.M.P.(MD).No.359 of 2018 and C.M.P.(MD).No.8627 of 2018 10.10.2018 PNN TR/SV/SAR-I(22.11.2018)2P 5C https://hcservices.ecourts.gov.in/hcservices/