Madras High CourtTR CMP(MD)/622/2021allowed

Pathrakali v. Raja Shankar

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

Tr.C.M.P(MD).No.622 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.03.2022 CORAM :

THE HONOURABLE MRS.JUSTICE S.ANANTHI Tr.C.M.P(MD).No.622 of 2021 and C.M.P(MD)No.11197 of 2021 Pathrakali

...Petitioner

Vs.

Raja Shankar

...Respondent

PRAYER: This Transfer Civil Miscellaneous Petition filed under Section 24 of Civil Procedure Code, to withdraw and transfer the case in HMOP.No.2031 of 2021 on the file of the Sub Judge, Alandur, Kanchipuram District to the file of the Family Court, Madurai and order to conduct joint trial along with the case in HMOP.No.1255 of 2021 on the file of the Family Court, Madurai. For Petitioner : Ms.M.Srimathi for Mr.S.M.Ananthamurugan For Respondent : Mr.S.Siva Thilakar

O R D E R

This Transfer Civil Miscellaneous Petition has been filed to withdraw the case in HMOP.No.2031 of 2021 from the file of the Subordinate Judge, Alandur, Kanchipuram Ditrict and transfer the same to the file of the Family Court, Madurai to be tried along with the H.M.O.P.No.1255 of 2021.

2.The learned counsel for the petitioner submitted that H.M.O.P.No.2031 of 2021 was filed by the respondent/husband, for divorce before the Subordinate Court, Alandur and H.M.O.P.No.1255 of 2021 was filed by the petitioner/wife, for restitution of conjugal rights before the Family Court, Madurai. Since the petitioner is residing at Madurai, she cannot go to Alandur to attend the Court hearings. Hence, she seeks to transfer the case as prayed for. 3.Considering the facts and circumstances of the case and also considering the submission made the learned counsel for the petitioner, H.M.O.P.No.2031 of 2021 is ordered to be withdrawn from the file of learned Subordinate Judge, Alandur, Kanchipuram Ditrict and transferred to the file of the Family Court, Madurai. The learned Subordinate Judge, Alandur, Kanchipuram District, is https://hcservices.ecourts.gov.in/hcservices/ 1/2

Tr.C.M.P(MD).No.622 of 2021 directed to transmit the papers to the file of the Family Court, Madurai forthwith. On receipt of records, the learned Judge, Family Court, Madurai is directed to dispose of the case in H.M.O.P.No. 2031 of 2021 along with H.M.O.P.No.1255 of 2021. 4.In the result, this Transfer Civil Miscellaneous Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (AE) // True Copy // / /2022 Sub Assistant Registrar(CS) vsd Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To 1.The Subordinate Judge, Alandur, Kanchipuram District.

2.The Judge, Family Court, Madurai.

+1 CC to M/s.S.SIVA THILAKAR, Advocate ( SR-14450[F] dated 25/03/2022 ) +1 CC to M/s.S.M.ANANTHA MURUGAN, Advocate ( SR-13808[F] dated 23/03/2022 ) Tr.C.M.P(MD).No.622 of 2021 and C.M.P(MD)No.11197 of 2021 23.03.2022 MA(CO) KB(06.04.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2