Madras High CourtTR CMP(MD)/507/2019allowed

Muthuselvi v. Shanmuganathan

2020-01-03Honourable Mr Justice R. Subramanian2 pages

Tr.C.M.P(MD)No.507 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.01.2020

CORAM

THE HON'BLE MR.JUSTICE R.SUBRAMANIAN Tr.C.M.P(MD)No.507 of 2019 and C.M.P(MD) No.11698 of 2019 Muthuselvi ... Petitioner/Respondent -VsShanmuganathan ... Respondent/Petitioner Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C.,to withdraw the H.M.O.P.No.171 of 2019, on the file of the Sub Court, Kovilpatti and transfer it to the Additional Sub Court, Tirunelveli and try along with H.M.O.P.No.41 of 2019, on the file of the Additional Sub Court, Tirunelveli. For Petitioner :

Mr.T.Selvan For Respondent :

Mr.M.Prabu

O R D E R

The petitioner seeks transfer of H.M.O.P.No.171 of 2019 pending on the file of the Sub-Court, Kovilpatti to Additional Sub-Court, Tirunelveli.

2. The said proceedings has been initiated by the respondent/husband under Section 13(1)(i-a)(i-b) of Hindu Marriage Act seeking divorce. The wife is admittedly a resident of Ukkirankottai Village, Tirunelveli District. She has also filed H.M.O.P.No.41 of 2019, on the file of the Additional Sub Court, Tirunelveli seeking restitution of conjugal rights.

3. Considering the convenience of the wife and the fact that if the proceedings are allowed to go on in two different Courts there is a possibility of conflicting verdicts this Transfer Civil Miscellaneous Petition is allowed the proceeding in H.M.O.P.No.171 of 2019 is withdrawn from the file of the SubCourt, Kovilpatti and transferred to the file of Additional Subhttps://hcservices.ecourts.gov.in/hcservices/ 1/2

Tr.C.M.P(MD)No.507 of 2019 Court, Tirunelveli to be tried along with H.M.O.P.No.41 of 2019 pending on its file. The Sub-Court, Kovilpatti is directed to transmit the papers in H.M.O.P.No.171 of 2019 to the Additional Sub-Court, Tirunelveli forthwith. However, there will be no order as to costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) am To

1. The Sub-Judge, Kovilpatti.

2. The Additional Sub Judge, Tirunelveli.

+1 CC to Mr.T.SELVAN, Advocate ( SR-201[F] dated 03/01/2020 ) Tr.C.M.P(MD)No.507 of 2019 03.01.2020 KM/(09.01.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2