Madras High CourtTR CMP(MD)/500/2019allowed

Ammu @ Dharmambal, v. Sudharsanan,

2020-01-28Honourable Mr Justice R. Subramanian2 pages

TR.C.M.P.(MD) No.500 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.01.2020

CORAM:

THE HONOURABLE MR. JUSTICE R.SUBRAMANIAN TR.C.M.P.(MD) No.500 of 2019 and C.M.P.(MD)No.11575 of 2019 Ammu @ Dharmambal ... Petitioner/Respondent/Wife vs.

Sudharsanan ... Respondent/Petitioner/Husband PRAYER: This Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, to transfer H.M..P.No.301 of 2017 on the file of the Family Court, Trichy to the Subordinate Court, Kulithalai.

For Petitioner : Mr.RM.Sivakumar For Respondent : Mr.R.Rajendra Prasad

ORDER

The petitioner / wife, who has sought for restitution of conjugal rights in H.M.O.P.No.73 of 2017 on the file of the Sub Court, Kulithalai seeks transfer H.M.O.P.No.301 of 2017 filed by the husband for divorce under Section 13 (1)(i-a) of the Hindu Marriage Act on the file of the Family Court, Trichy to the file of the Sub Court, Kulithalai.

2. The wife is the resident of Kulithalai and the husband happens to be the resident of Trichy. Considering the convenience of the wife and the fact that the personal appearance of the parties is not required by the Sub Court for every hearing, I find that it will be in interest of both parties to conduct the proceedings in Kulithalai. Hence, H.M.O.P.No.301 of 2017 is withdrawn from the file of the Family Court, Trichy and transferred to the file of the Sub Court, Kulithalai to be heard along with H.M.O.P.No.73 of 2017 pending on the file of the Sub Court, Kulithalai. The Family Court, Trichy is directed to transmit the papers to the Sub Court, Kulithalai.

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TR.C.M.P.(MD) No.500 of 2019

3. Accordingly, this transfer petition is allowed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CO) // True Copy // / /2020 Sub Assistant Registrar(CS) ta To 1.The Judge, Family Court, Trichy.

2.The Subordinate Judge, Kulithalai.

+1 CC to M/s.RM.SIVAKUMAR, Advocate ( SR-3332[F] dated 28/01/2020 ) TR.C.M.P.(MD)No.500 of 2019 28.01.2020 JMN(07.02.2020) 2P : 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2