Madras High CourtTR CMP(MD)/615/2021disposed of

Sivaranjani v. K.Sakthivel

2022-03-23Honourable Mrs Justice S.Ananthi (Retd.)2 pages

Tr.C.M.P(MD).Nos.615 of 2021 and 114 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.03.2022 CORAM :

THE HONOURABLE MRS.JUSTICE S.ANANTHI Tr.C.M.P(MD).Nos.615 of 2021 and 114 of 2022 and C.M.P(MD)Nos.11073 of 2021 and 2305 of 2022 Sivaranjani

...Petitioner/

Respondent in both Petitions Vs.

K.Sakthivel

...Respondent/

Petitioner in both Petitions PRAYER in Tr.C.M.P(MD).No.615 of 2021:

This Transfer Civil Miscellaneous Petition filed under Section 24 of Civil Procedure Code, to withdraw and transfer G.W.O.P.No.175 of 2020 from the file of the Principal District Court, Tirunelveli to the Principal District Court, Dindigul.

PRAYER in Tr.C.M.P(MD).No.114 of 2022:

This Transfer Civil Miscellaneous Petition filed under Section 24 of Civil Procedure Code, to withdraw HMOP.No.24 of 2020 from the file of Family Court, Dindigul and transfer the same to Subordinate Court, Palani and try along with HMOP.No.33 of 2020 on the file of Subordinate Court, Palani and dispose the same on merits.

For Petitioner : Mr.C.Gangai Amaran in both Petitions For Respondent : Mr.M.P.Senthil in both Petitions

ORDER

Tr.C.M.P(MD).No.615 of 2021 is filed to withdraw the case in G.W.O.P.No.175 of 2020 from the file of Principal District Court, Tirunelveli and transfer the same to the file of Principal District Court, Dindigul.

2.Tr.C.M.P(MD).No.114 of 2022 is filed to withdraw HMOP.No.24 of 2020 from the file of Family Court, Dindigul and transfer the same to Subordinate Court, Palani and try along with HMOP.No.33 of 2020 on the file of Subordinate Court, Palani and dispose the same on merits.

3.The learned counsel for the petitioner submitted that G.W.O.P.No.175 of 2020 was filed by the respondent/husband, for appointing him as a guardian for his minor children before the https://hcservices.ecourts.gov.in/hcservices/ 1/2

Tr.C.M.P(MD).Nos.615 of 2021 and 114 of 2022 learned Principal District Judge, Tirunelveli and also filed HMOP.No.24 of 2020 for restitution of conjugal rights before the Family Court, Dindigul. The petitioner/wife has filed HMOP.No.33 of 2020 for divorce before the Subordinate Court, Palani. Since the petitioner is residing at Palani with minor children, she cannot go to Tirunelveli to attend the Court hearings. Hence, she seeks to transfer the case.

4.Considering the fact that the parties are same in all the matters and issues are also same, since G.W.O.P can be tried by the learned Judge, Family Court, Dindigul and connected HMOP.No.24 of 2020 is also pending before the Family Court Dindigul, GWOP.No.175 of 2020 and HMOP.No.33 of 2020 are transferred to the file of Family Court, Dindigul. The learned Judge, Family Court, Dindigul is directed to dispose of all the cases jointly within a period of six months from the date of receipt of a copy of this order. 5.In the result, this Transfer Civil Miscellaneous Petitions are disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (AD I) // True Copy // / /2022 Sub Assistant Registrar(CS) vsd To 1.The Principal District Judge, Tirunelveli.

2.The Judge,Family Court, Dindigul.

3.The Subordinate Judge, Palani.

+1 CC to M/s.M.P.SENTHIL, Advocate ( SR-14014[F] dated 24/03/2022 ) Tr.C.M.P(MD).Nos.615 of 2021 and 114 of 2022 and C.M.P(MD)Nos.11073 of 2021 and 2305 of 2022 23.03.2022 MGJ(27.04.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2