Madras High CourtTR CMP(MD)/329/2020disposed of

Janani v. Dineshraja

2021-02-01Honourable Mr Justice R. Subramanian2 pages

Tr.C.M.P(MD)No.329 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.02.2021

CORAM

THE HON'BLE MR.JUSTICE R.SUBRAMANIAN Tr.C.M.P(MD)No.329 of 2020 and C.M.P(MD) No.7337 of 2020 Janani ... Petitioner/Respondent -VsDineshraja ... Respondent / Petitioner Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C., to withdraw H.M.O.P.No.67 of 2020, on the file of the Sub Court, Sankari, Salem District and transfer the same to the Family Court, Thanjavur.

For Petitioner :

Mr.P.Vadivel For Respondent :

No appearance

O R D E R

The wife, who is facing proceedings for Restitution of Conjugal Rights in H.M.O.P.No.67 of 2020, on the file of the Sub Court, Sankari, seeks transfer of the same to the Family Court, Thanjavur.

2. Despite service, the respondent/husband is not appearing either in person or through counsel, duly instructed.

3. Transfer is sought for only on the ground of convenience. The wife is a resident of Thanjavur. Even in the original petition, namely, H.M.O.P.No.67 of 2020, the wife is shown to be a resident of Thanjavur.

4.Considering the same, I find justification in the request made by the learned counsel for the petitioner to transfer the proceedings to the Court at Thanjavur. At the same time, this Court should also consider the convenience of the husband, who has launched the proceedings for Restitution of Conjugal Rights. Transfer to Family Court, Thanjavur would require the respondent/husband to attend every hearing in person, in view of the requirement under Family Courts Act.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Tr.C.M.P(MD)No.329 of 2020

5. Considering the convenience of both the parties, H.M.O.P.No.67 of 2020, is withdrawn from the file of the Sub Court, Sankari and transferred to the file Principal Sub Court, Thanjavur, to be heard and disposed of in accordance with law. The Sub Court, Sankari is directed to transmit the papers to the Principal Sub Court, Thanjavur forthwith.

6.Accordingly, this Transfer Civil Miscellaneous Petition is disposed of. However, there will be no order as to costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar To 1.The Subordinate Judge, Sankari, Salem.

2.The Principal Subordinate Judge, Thanjavur. 3.The Record Keeper, V.R.Section, (2 copies) Madurai Bench of Madras High Court, Madurai.

Order made in Tr.C.M.P(MD)No.329 of 2020 and C.M.P(MD) No.7337 of 2020 01.02.2021 vrn MS/27.02.2021/2P.5C https://hcservices.ecourts.gov.in/hcservices/ 2/2