Chellam, v. A.Arumugam

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.02.2023

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and C.M.P(MD)No.9072 of 2022 Chellam ... Petitioner/Respondent Vs.

A.Arumugam

...Respondent/Petitioner

PRAYER : Transfer Civil Miscellaneous Petition is filed under Section 24 of Code of Civil Procedure, to pass an order withdrawing the petition for restitution of conjugal rights in H.M.O.P.No.25 of 2022 on the file of the Sub Court, Kulithalai, Karur District filed by the respondent and to transfer the same to the file of the Sub Court, Lalgudi, Trichy District to be tried along with the divorce petition in H.M.O.P.No.111 of 2021 filed by the petitioner.

For Petitioner : Mr.M.Yesudasan For Respondent : No Appearance 1/4

ORDER

The present transfer civil miscellaneous petition has been filed by the wife seeking to transfer H.M.O.P.No.25 of 2022 on the file of the Sub Court, Kulithalai, Karur District to Sub Court, Lalgudi, Trichy District.

2. According to the learned counsel for the petitioner/wife, she is permanently residing at Lalkudi along with her parents and having 4 year old child. She finds it difficult to travel on every occasion to attend hearings in Sub Court, Kulithalai. The learned counsel appearing for the petitioner further submits that the wife has filed H.M.O.P.No.111 of 2021 for divorce and the same is pending before the Sub Court, Lalgudi.

3. Though the respondent/husband has been served, there is no appearance either in person or through counsel.

4. Considering the above said facts, H.M.O.P.No.25 of 2022 on the file of the Sub Court, Kulithalai, Karur District is hereby withdrawn and transferred to Sub Court, Lalgudi to be tried along with H.M.O.P.No. 111 of 2021.

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5. With the above said direction, this Transfer Civil Miscellaneous Petition stands allowed. No costs. Consequently, connected Civil Miscellaneous Petition is closed.

22.02.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No gbg To 1.The Sub Court, Kulithalai, Karur District.

2.The Sub Court, Lalgudi.

3.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

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R.

VIJAYAKUMAR ,J.

gbg Order made in 22.02.2023 4/4