Madras High CourtTR CMP(MD)/322/2019allowed

V.Gayathri v. B.Venkatesh,

2019-10-23Honourable Ms. Justice P.T. Asha2 pages

Tr.C.M.P.(MD)No.322 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 23.10.2019

CORAM

THE HONOURABLE MS. JUSTICE P.T.ASHA Tr.C.M.P.(MD)No.322 of 2019 and C.M.P.(MD)No.7600 of 2019 V.Gayathri .. Petitioner/Respondent Vs.

B.Venkatesh .. Respondent/Petitioner Prayer : Petition is filed under Section 24 of Civil Procedure Code, to withdraw H.M.O.P.No.646 of 2018 on the file of the Family Court, Madurai and to transfer the same to Family Court, Thiruchirappalli District and club together with H.M.O.P.No.61 of 2019 on the file of the Family Court, Thiruchirappalli District.

For Petitioner : Mr.S.Venkatesan For Respondent : Mr.R.Murugappan

ORDER

The above Transfer Civil Miscellaneous Petition has been filed seeking to withdraw H.M.O.P.No.646 of 2018 filed by the respondent, for restitution of conjugal rights, on the file of the Family Court, Madurai, to the file of the Family Court, Thiruchirappalli, to be tried along with H.M.O.P.No.61 of 2019, which is pending on his file.

2.The learned counsel for the respondent, on instructions, submitted that he has no objection to the transfer, as sought for by the petitioner in the present transfer civil miscellaneous petition and would only request that the matter to be disposed of at the earliest.

3.Considering the fact that the respondent has no objection to transfer the petition, the petition in H.M.O.P.No.646 of 2018 is ordered to be withdrawn and transferred from the file of the Family Court, Madurai, to the file of Family Court, Thiruchirappalli. The learned Family Judge, Madurai, is directed to transmit the entire records in H.M.O.P.No.646 of 2018 to the Family Court, Thiruchirappalli. The learned Family Judge, Thiruchirappalli, is https://hcservices.ecourts.gov.in/hcservices/ 1/2

Tr.C.M.P.(MD)No.322 of 2019 directed to tag H.M.O.P.No.646 of 2018 along with H.M.O.P No.61 of 2019, which is pending on his file, conduct joint trial and dispose of the same on merits and in accordance with law within a period of four months from the date of receipt of a copy of this order. 4.This Transfer Civil Miscellaneous Petition is allowed accordingly. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS) Mrn To 1.The Judge, Family Court, Madurai.

2.The Judge, Family Court, Thiruchirappalli.

+1 CC to M/s.R.MURUGAPPAN, Advocate ( SR-94116[F] dated 24/10/2019 ) +1 CC to M/s.S.VENKATESAN, Advocate ( SR-94327[F] dated 24/10/2019 ) Tr.C.M.P.(MD)No.322 of 2019 23.10.2019 JMN(15.11.2019) 2P : 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2