S. Muthukamatchi v. G. Dhakshinamoorthy

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN TR. C.M.P.(MD)No.353 of 2023 and CMP(MD)No.7533 of 2023 S.Muthukamatchi ..Petitioner/Respondent Vs.

G.Dhakshinamoorthy

...Respondent/Petitioner

PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of C.P.C to withdraw and transfer the case in H.M.O.P. No. 252 of 2022 on the file of the Principal Sub Court, Dindigul and transfer the same to the file of the Family Court, Madurai. For Petitioner : Mr.M.Karthikeyavenkitachalapathy For Respondent : Mr.R.T.Arivukumar

O R D E R

This Transfer Civil Miscellaneous Petition is filed to transfer H.M.O.P. No. 252 of 2022 from the file of the Principal Sub Court, Dindigul to the file of the Family Court, Madurai.

2. When the matter is taken up for hearing, it is represented that even though the matter was referred to mediation, the wife is not willing for re-union.

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3. H.M.O.P.No.252 of 2022 is filed seeking restitution of conjugal rights. When the petitioner is not willing for re-union, no purpose is going to be served in transferring the case.

4. So I find no reason to transfer H.M.O.P.No.252 of 2022 from the file of the Principal Sub Judge, Dindigul to the file of the Family Court, Madurai.

5. In view of the non co-operation on the side of the petitioner, she is not entitled to get any relief from this Court. On the sole ground, this petition deserves for dismissal and the same is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

26.03.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No CM 2/4

To

1. The Sub Court, Tirumangalam

2. The Section Officer, V.R Section, Madurai Bench of Madras High Court, Madurai.

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G. ILANGOVAN, J.

CM TR. C.M.P.(MD)No.353 of 2023 and CMP(MD)No.7533 of 2023 26.03.2024 4/4