Madras High CourtTR CMP(MD)/471/2019allowed

V.Rathi v. A.Satheeshkumar

2020-03-10Honourable Mrs Justice R. Tharani2 pages

TR C.M.P (MD) No.471 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 10.03.2020

CORAM:

THE HONOURABLE Mrs.JUSTICE R.THARANI TR C.M.P (MD) No.471 of 2019 and CMP(MD)No.10927 of 2019 V.Rathi .... Petitioner/Respondent -VsA.Satheeshkumar .... Respondent/Petitioner Prayer: Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, to withdraw the proceedings pending in H.M.O.P. No.132 of 2018, from the file of Sub Court, Palani and to transfer the same to Additional Sub-Court, Karur and try the same along with H.M.O.P.No.118 of 2019.

For Petitioner : Mr.K.Suresh For Respondent : No Appearance

O R D E R

This petition has been filed seeking to transfer of H.M.O.P. No.132 of 2018, on the file of the Sub Court, Palani, to the Additional Sub-Court, Karur and to try the same along with H.M.O.P.No.118 of 2019.

2.On the side of the petitioner, it is stated that the petitioner filed a petition in H.M.O.P.No.118 of 2019 before the Additional Sub Court, Karur, for a prayer of divorce and the respondent filed a petition in H.M.O.P. No.132 of 2018 for a prayer of restitution of conjugal rights before the Sub-Court, Palani. Due to her physical condition, she is not in a position to move away from Karur and hence, prayed for transfer of H.M.O.P. No.132 of 2018 from the Sub-Court, Palani, to the Additional Sub-Court, Karur, to be tried along with H.M.O.P.No.118 of 2019. 3.In the interest of justice, both the cases are to be tried together. The reasons stated by the petitioner are satisfactory. Hence, H.M.O.P.No.132 of 2018, is withdrawn from the file of the Sub-Court, Palani, and is transferred to the file of Additional SubCourt, Karur. The Sub-Court, Palani, is directed to transmit the entire records in H.M.O.P.No. 132 of 2018 to the Additional Subhttps://hcservices.ecourts.gov.in/hcservices/ 1/2

TR C.M.P (MD) No.471 of 2019 Court, Karur. The Additional Sub-Court, Karur, is hereby, directed to issue fresh notice to the respondent after the case is transferred and renumbered.

4.With the above the directions, this Transfer Civil Miscellaneous Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS ) dss To 1.The Sub -Judge Palani.

2.The Additional Sub-Judge, Karur.

3.+1 CC to Mr.K.SURESH, Advocate ( SR-10984[F] dated 11/03/2020 ) TR C.M.P (MD) No.471 of 2019 and CMP(MD)No.10927 of 2019 Dated : 10.03.2020 TP (06.05.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2