Divya v. A. Senthilkumar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.02.2023

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and C.M.P(MD)No.12450 of 2022 Divya ... Petitioner/ Respondent Vs.

A.Senthil Kumar

...Respondent/ Petitioner

PRAYER : Transfer Civil Miscellaneous Petition is filed under Section 24 of Code of Civil Procedure, to withdraw and transfer the case in H.M.O.P.No.773 of 2022 on the file of the Family Court, Nagercoil, Kanyakumari District to the learned Family Court, Thoothukudi. For Petitioner : Mr.A.Jegadeeswaran For Respondent : Nr.T.Jeen Joseph

ORDER

The present transfer civil miscellaneous petition has been filed by the wife seeking to transfer H.M.O.P.No.773 of 2022 filed by the husband for restitution of conjugal rights which is pending before the Family Court, Nagercoil at Kanniyakumari.

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2. According to the learned counsel appearing for the petitioner/wife, her application for divorce is pending and hence, H.M.O.P.No.773 of 2022 for restitution has to be heard together.

3. In view of the above said facts, H.M.O.P.No.773 of 2022 pending on the file of the Family Court, Nagercoil, Kanyakumari District is withdrawn and transferred to Family Court, Thoothukudi to be tried along with H.M.O.P.No.90 of 2020 which is already transferred from Gobichettipalayam to Thoothukudi.

4. With the above said direction, this Transfer Civil Miscellaneous Petition stands allowed. No costs. Consequently, connected Civil Miscellaneous Petition is closed.

22.02.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No gbg 2/4

To 1.The Family Court, Nagercoil, Kanyakumari District.

2.The Family Court, Thoothukudi.

3.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

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R.

VIJAYAKUMAR ,J.

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