Madras High CourtTR CMP(MD)/75/2017dismissed as infructuous

M.Sagadevan @ Arunkumar, v. Shalini

2020-11-18Honourable Mr Justice R. Mahadevan2 pages

T.R.C.M.P (MD).No.75 and 490 of 2017 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.11.2020

CORAM

THE HON'BLE MR.JUSTICE R.MAHADEVAN T.R.C.M.P (MD).Nos.75 and 490 of 2017 and C.M.P.(MD).Nos.2000 and 9794 of 2017 T.R.C.M.P (MD).No.75 of 2017 M.Sagadevan @ Arunkumar ... Petitioner Vs.

Shalini ... Respondent Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of Civil Procedure, to pass an order of withdrawal of H.M.O.P.No.12 of 2017, on the file of the learned Additional Family Court, Coimbatore and the same may be transferred to the learned Principal Sub Court, Dindigul, so as to try together along with the H.M.O.P.No.151 of 2016, on the file of the learned Principal Sub Court, Dindigul.

For Petitioner : Mr.M.S.Jeyakarthik For Respondent : Mr.N.Syed Ali T.R.C.M.P (MD).No.490 of 2017 Tmt.Shalini ... Petitioner/Respondent Vs.

M.Sagadevan @ Arunkumar ... Respondent/Petitioner Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of Civil Procedure, to withdraw the H.M.O.P.No.151 of 2016, on the file of the learned Principal Sub Court, Dindigul, and to transfer the same to the learned Additional Family Court, Coimbatore.

For Petitioner : Mr.R.Shankar Ganesh For Respondent : Mr.M.S.Jeyakarthik COMMON ORDER The petitioner/wife, who is facing the proceedings for restitution of conjugal rights at the instance of the husband in https://hcservices.ecourts.gov.in/hcservices/ 1/2

T.R.C.M.P (MD).No.75 and 490 of 2017 H.M.O.P.No.151 of 2016, on the file of the Principal Sub Court, Dindigul, seeks transfer of the same to the Additional Family Court, Coimbatore, so as to try together along with the H.M.O.P.No.12 of 2017.

2. When the matter is taken up for hearing, both the learned counsels appearing for the parties, on instructions, would submit that, subsequent to the filing of these Transfer Civil Miscellaneous Petitions, in H.M.O.P.No.12 of 2017, divorce was granted to the parties on 24.01.2019.

3. In such view of the matter, nothing survives before this Court for adjudication. Hence, these Transfer Civil Miscellaneous Petitions are dismissed as infructuous. No costs. Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar (CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS) pkn/pm 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 Additional Judge, Family Court, Coimbatore.

2. Principal Sub Judge, Dindigul.

T.R.C.M.P (MD).Nos.75 and 490 of 2017 18.11.2020 VR(CO) CS(30.11.2020) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2