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Madras High CourtTR CMP(MD)/399/2018allowed

Vigneswaran v. Revathi

2018-10-03Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.10.2018

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Tr.C.M.P.(PD)(MD) No.399 of 2018 Vigneswaran

...Petitioner / Husband

-vsRevathi ..Respondent/ Wife PRAYER: This Petition is filed under Section 24 of Civil Procedure Code praying to withdraw the case pending in H.M.O.P.No.1009 of 2016 on the file of Family Court, Madurai and to transfer the case to the Sub Ordinate Judge Court, Virudhunagar and direct the same to be tried together with HMOP.No.15 of 17 pending before the Sub-Ordinate Judge Court, Virudhunagar and dispose the same in accordance with law.

For Petitioner : Mr.D.Farjana Ghoushia for Mr.G.Mariappan

ORDER

The petitioner herein got married to the respondent on 29.05.2015. The relationship between them appeared to have come under strain. The petitioner has filed H.M.O.P.No.1009 of 2016 before the Family Court, Madurai for divorce. The respondent has filed H.M.O.P.No.15 of 2017 for restitution of conjugal rights before the learned Subordinate Judge, Virudhunagar. In the very nature of things, both petitions will have to be heard and tried together. The petitioner has come forward with this petition seeking to transfer his divorce petition.

2.Since the relief that is to be granted is in favour of the respondent, notice to the respondent stands dispensed with. 3.Hence, H.M.O.P.No.1009 of 2016 is withdrawn from the file of the Family Court, Madurai and transferred to the Sub Court, Virudhunagar to be tried along with H.M.O.P.No.15 of 2017. This Transfer Miscellaneous Petition is allowed accordingly. No costs. Sd/- Assistant Registrar(Records) /True Copy/ https://hcservices.ecourts.gov.in/hcservices/ Sub Assistant Registrar(CS-IV)

To:

1.The Judge,Family Court, Madurai.

2.The Sub Ordinate Judge, Virudhunagar +1CC to Mr.G.Mariappan, Advocate, SR.No.88169 Tr.C.M.P.(PD)(MD) No.399 of 2018 03.10.2018 TA ES/RP/SAR 4/09.11.2018/2P/4C https://hcservices.ecourts.gov.in/hcservices/