Madras High CourtTR CMP(MD)/300/2020allowed

P.Balakrishnan, v. S.Saranya,

2021-01-06Honourable Mr Justice R. Subramanian2 pages

Tr.C.M.P(MD)No.300 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.01.2021

CORAM

THE HON'BLE MR.JUSTICE R.SUBRAMANIAN Tr.C.M.P(MD)No.300 of 2020 P.Balakrishnan ... Petitioner/Petitioner -VsS.Saranya ... Respondent /Respondent Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C., to withdraw H.M.O.P.No.34 of 2020, on the file of Sub Court of Kulithalai, Karur District and transfer to Sub Court, Vedasanthur to try along with H.M.O.P No.82 of 2019. For Petitioner :

Mr.A.Haja Mohideen For Respondent :

No appearance

O R D E R

The husband who has launched proceedings for divorce under Section 13(1)(i-a) of Hindu Marriage Act, on the file of the Sub Court, Kulithalai seeks transfer of the said proceedings to Sub Court, Vedasanthur, where the petition filed by the wife for Restitution of Conjugal rights in H.M.O.P No.82 of 2019 is pending. 2.It is seen from the records that the wife is a resident of Sithurvarrpatti Village, Vedachanthur Taluk, Dindigul District. The request for transfer will be only to the advantage of the wife. 3.The respondent/wife though served has not chosen to appear either in person or through counsel, duly instructed.

4. Considering the convenience of the wife, H.M.O.P.No.34 of 2020, on the file of Sub Court of Kulithalai, Karur District can be transferred to Sub Court, Vedasanthur to be tried along with H.M.O.P No.82 of 2019.

5. In view of the above, this Transfer Civil Miscellaneous Petition is allowed and the proceedings in H.M.O.P.No.34 of 2020 is withdrawn from the file of the Sub Court of Kulithalai, Karur District and transferred to the file of the Sub Court, Vedasanthur to be tried along with H.M.O.P No.82 of 2019. The Sub Court, Kulithalai, Karur District is directed to transmit the papers to the https://hcservices.ecourts.gov.in/hcservices/ 1/2

Tr.C.M.P(MD)No.300 of 2020 Sub Court, Vedasanthur forthwith. However, there will be no order as to costs.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) vrn To 1.The Subordinate Judge, Kulithalai, Karur District.

2.The Subordinate Judge, Vedasanthur Tr.C.M.P(MD)No.300 of 2020 06.01.2021 VR(CO) KB(27.01.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2