Sindhuja, v. Vinoth

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :08.06.2023

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN Tr.C.M.P.(MD).No.768 of 2022 and C.M.P.(MD).No.12370 of 2022 Sindhuja ... Petitioner Vs.

Vinoth ... Respondent PRAYER : Transfer Civil Miscellaneous Petition filed under Section 24 of Civil Procedure Code, to withdraw the petition in H.M.O.P.No.109 of 2022 on the file of Sub Court, Pattukottai and transfer the same to the file of the Sub Court, Pudukottai.

For Petitioner :Mr.R.Maheswaran

ORDER

This petition is filed to withdraw the petition in H.M.O.P.No.109 of 2022 on the file of Sub Court, Pattukottai and transfer the same to the file of the Sub Court, Pudukottai.

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2. Despite notice on the respondent and the name being printed in the cause list, there is not representation on behalf of the respondent.

3. This Transfer Civil Miscellaneous Petition has been filed by the petitioner to transfer H.M.O.P.No.109 of 2022 pending on the file of Sub Court, Pattukottai for being transferred to Sub Court Pudukottai. The said H.M.O.P.No.109 of 2022 filed by the respondent for restitution of conjugal rights.

4. A reading of the affidavit indicates that the petition has also been filed in H.M.O.P.No.63 of 2022 before the Sub Court, Pudukottai to annul the marriage.

5. Considering the nature of the case, this Court is inclined to allow this petition, The learned Subordinate Judge, Pudukottai is directed to dispose both the H.M.O.P.Nos.109 of 2022 and 63 of 2022 together as expeditiously as possible preferably within a period of nine months from the date of receipt of a copy of this order.

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6. Accordingly, this Transfer Civil Miscellaneous Petition is allowed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

08.06.2023 NCC :Yes / No Index :Yes / No sbn To 1.The Sub Court, Pattukottai, 2.The Sub Court, Pudukottai.

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C.SARAVANAN , J.

sbn Tr.C.M.P.(MD).No.768 of 2022 and C.M.P.(MD).No.12370 of 2022 08.06.2023 4/4