Madras High CourtTR CMP(MD)/467/2019allowed

Shoba Shiny v. Sibi

2020-02-11Honourable Mr Justice R. Subramanian2 pages

TR.C.M.P.(MD) No.467 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.02.2020

CORAM:

THE HONOURABLE MR. JUSTICE R.SUBRAMANIAN TR.C.M.P.(MD) No.467 of 2019 and C.M.P(MD)No.10858 of 2019 Shoba Shiny ... Petitioner/Respondent vs.

Sibi ... Respondent /Petitioner PRAYER: This Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, to withdraw H.M.O.P.No.35 of 2019 pending on the file of the Sub Court, Tambaram and transfer the same to the Sub-Court, Kovilpatti.

For Petitioner : Mr.D.Shanmugaraja Sethupati For Respondent : Mr.S.Murugan

ORDER

The petitioner / wife, who is facing the proceedings for restitution of conjugal rights in H.M.O.P.No.35 of 2019 on the file of the Sub Court, Tambaram at the instance of the husband / respondent has come up with this transfer petition seeking transfer of the same to the file of the Sub Court, Kovilpatti, wherein she is now residing along with her parents.

2. It is also claimed that the wife is having the custody of two years old child, who is also a special child.

3. In view of the fact that the wife is residing at Kovilpatti and she is also taking care of a special child and also considering the convenience of the wife, H.M.O.P.No.35 of 2019 is withdrawn from the file of the Sub Court, Tambaram and transferred to the file of the Sub Court, Kovilpatti to be disposed of in accordance with law. The Sub Court, Tambaram is directed to forward the papers to the file of the Sub Court, Kovilpatti forthwith. Considering the fact that the petition is one for restitution of conjugal rights, the Sub Court, Kovilpatti is directed to dispose of the same on a priority basis at the earliest.

4. Accordingly, this transfer civil miscellaneous petition is https://hcservices.ecourts.gov.in/hcservices/ 1/2

TR.C.M.P.(MD) No.467 of 2019 allowed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) ta To 1.The Sub Court, Tambaram.

2.The Sub-Court, Kovilpatti +1 CC to Mr.D.SHANMUGARAJA SETHUPATHI, Advocate ( SR-5706[F] dated 11/02/2020 ) +2 CC to Mr.S.MURUGAN, Advocate ( SR-6156[F] dated 13/02/2020 ) TR.C.M.P.(MD)No.467 of 2019 11.02.2020 VB(21.02.2020) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2