Madras High CourtTR CMP(MD)/309/2020disposed of

D.Sivaranjani v. M.Dinesh Gandhi

2021-02-09Honourable Mr Justice R. Subramanian2 pages

TR.C.M.P.(MD)No.309 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.02.2021

CORAM

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN TR.C.M.P.(MD)No.309 of 2020 and C.M.P.(MD)No.6695 of 2020 D.Sivaranjani : Petitioner/Respondent Vs.

M.Dinesh Gandhi : Respondent/Petitioner PRAYER:- The petition filed under Section 24 of the Civil Procedure Code, to direct the learned Subordinate Judge, Panruti, Cuddalore District, to withdraw the H.M.O.P.No.66 of 2020 pending before the Subordinate Court, Panruti, Cuddalore District and to transfer the same to the file of the III Additional Subordinate Court, Madurai. For Petitioner :Mr.T.K.Gopalan For Respondent :Mr.S.Sivakumar

ORDER

The wife seeks transfer of H.M.O.P.No.66 of 2020 filed by the husband for restitution of conjugal rights at Subordinate Court, Panruti, Cuddalore District, to III Additional Subordinate Court, Madurai to be tried along with H.M.O.P.No.126 of 2020 filed by her seeking divorce.

2.Transfer is sought for on the ground of convenience. The wife is, admittedly, a resident of Vadipatti near Madurai and her petition for divorce is pending on the file of the III Additional Subordinate Court at Madurai.

3.Considering the convenience of the wife and the fact that the proceeding is pending before the Subordinate Court, which does not require the personal appearance of parties for every hearing, I am of the opinion that the transfer of H.M.O.P.No.66 of 2020 pending on the file of the Subordinate Court, Panruti, Cuddalore District, to III Additional Subordinate Court at Madurai, to be tried along with H.M.O.P.No.126 of 2020 will be just and fair. 4.In view of the same, H.M.O.P.No.66 of 2020, pending on the file of the Subordinate Court, Panruti, Cuddalore District, is withdrawn and transferred to the file of the III Additional Subordinate Court, Madurai to be tried along with H.M.O.P.No.126 of 2020 and disposed of in accordance with law.

5.Accordingly, this Transfer Civil Miscellaneous Petition is https://hcservices.ecourts.gov.in/hcservices/ 1/2

TR.C.M.P.(MD)No.309 of 2020 disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (P&A) // True Copy // / /2021 Sub Assistant Registrar(CS) To 1.The Subordinate Judge, Panruti, Cuddalore District. 2.The III Additional Subordinate Judge, Madurai. +1 CC to M/s.T.K.GOPALAN, Advocate ( SR-4064[F] dated 09/02/2021 ) TR.C.M.P.(MD)No.309 of 2020 09.02.2021 ES(CO) KB(17.02.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2