Madras High CourtTR CMP(MD)/712/2022allowed

Thillai Lakshmi Alias Dhivya, v. M.Rajkumar

2023-02-21Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.02.2023

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and C.M.P(MD)No.11358 of 2022 Thillai Lakshmi @ Dhivya ... Petitioner/Respondent Vs.

M.Rajkumar ... Respondent/Petitioner PRAYER : Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw and transfer the case in H.M.O.P.No.40 of 2022 on the file of the Subordinate Court at Mudukulathur, Ramanathapuram District to be tried along with H.M.O.P.No.220 of 2022 pending on the file of the Subordinate Court, Kovilpatti, Thoothukudi District.

For Petitioner : Mr.C.Suresh Kannan For Respondent : Mr.D.Balamuruga Pandi

ORDER

The present transfer civil miscellaneous Petition has been filed by the wife seeking to transfer H.M.O.P.No.40 of 2022 pending on the file of the Subordinate Court, Mudukulathur, Ramanathapuram District, to be transferred to Subordinate Court, Kovilpatti. 1/4

2. According to the learned counsel appearing for the petitioner/wife, due to matrimonial dispute, she is residing at Kovilpatti along with her parents and she finds it difficult to travel Mudukulathur for every hearing.

3. The learned counsel appearing for the petitioner further submits that she has filed H.M.O.P.No.220 of 2022 on the file of the Subordinate Court, Kovilpatti for the relief of restitution of conjugal rights.

3. Considering the aforesaid facts, H.M.O.P.No.40 of 2022 pending on the file of the Subordinate Court, Mudukulathur, Ramanathapuram District, is hereby withdrawn and transferred to Subordinate Court, Kovilpatti, to be tried along with H.M.O.P.No.220 of 2022.

4. With the above observation, the Transfer Civil Miscellaneous Petition is allowed to the extent as stated above. No costs. Consequently, connected Miscellaneous Petition is closed. 21.02.2023 NCC : Yes / No Index : Yes / No Rmk 2/4

To 1.The Subordinate Judge, Mudukulathur, Ramanathapuram District. . 2.The Subordinate Judge, Kovilpatti.

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R.VIJAYAKUMAR ,J.

Rmk Order made in 21.02.2023 4/4