Madras High Court
P.Jenefa vs P. Balasubramanian @ Samuvelpaul on 1 March, 2022
Author: S. Ananthi
Bench: S. Ananthi
Tr.C.M.P(MD).No.568 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 01.03.2022
CORAM
THE HONOURABLE MRS.JUSTICE S. ANANTHI
Tr.C.M.P(MD).No.568 of 2021 and
CMP(MD).No. 10210 of 2021
1.P.Jenefa
2.M.Prabakaran Jeyaseelan
3.P.Anandhavalli .. Petitioners / Respondents
Vs.
P. Balasubramanian @ Samuvelpaul .. Respondent / petitioner
Prayer: This Transfer CMP is filed under Section 24 CPC to withdraw
IDOP.No.137 of 2020 on the file of the Additional District Court, Tenkasi,
Tenkasi District and transfer the same to the Principal District,
Thoothukudi, Thoothukudi and tried along with the petition in IDOP.No.18
of 2021 on the file of Principal District Court, Thoothukudi, Thoothukudi
District.
For Petitioners :Mr.S. T. Sasidharan Tamilkani
For respondent : Mr.M. Shema Daniel
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https://www.mhc.tn.gov.in/judis
Tr.C.M.P(MD).No.568 of 2021
ORDER
The petitioners / respondents filed this Transfer CMP to transfer the IDOP.No.137 of 2020, on the file of the Additional District Court, Tenkasi, Tenkasi District to to the Principal District, Thoothukudi, Thoothukudi and tried along with IDOP.No.18 of 2021 on the file of Principal District Court, Thoothukudi, Thoothukudi District.
2. Heard the learned counsel appearing on either side and perused the material available on record.
3. The respondent / husband filed IDOP.No.137 of 2020 for restitution of conjugal rights. In this case only summon was served and the trial not yet commenced. The 1st petitioner / wife filed a divorce petition in IDOP.No.18 of 2021 and in the said case already PW.1 and PW.2 were examined.
4. Since the 1st petitioner / wife is residing at Tuticorin, this Court is inclined to allow this petition. Accordingly, the Transfer CMP is allowed and the IDOP.No.137 of 2020 pending on the file of the Additional District Court, Tenkasi, Tenkasi District is withdrawn and 2/5 https://www.mhc.tn.gov.in/judis Tr.C.M.P(MD).No.568 of 2021 transferred to the file of the Principal District Court, Thoothukudi, Thoothukudi District to be tried along with the petition in IDOP.No.18 of 2021 on the file of Principal District Court, Thoothukudi, Thoothukudi District. Additional District Court, Tenkasi, Tenkasi District is directed to transmit the papers to the file of the Principal District Court, Thoothukudi, Thoothukudi, forthwith.
5. The learned Principal District Judge, Tuticorin is directed to try the IDOP.No.137 of 2020 as simultaneously along with IDOP.No.18 of 2021. But, in IDOP.No.18 of 2021 already PW.1 and PW.2 were examined, at this stage, the case may be continued. However, the learned counsel appearing for the respondent denied all the allegations.
No costs. Consequently, the connected Miscellaneous Petition is closed.
22.02.2022 trp Index :yes/No Internet:yes/No 3/5 https://www.mhc.tn.gov.in/judis Tr.C.M.P(MD).No.568 of 2021 To
1. The Additional District Court, Tenkasi, Tenkasi District
2. The Principal District, Thoothukudi, Thoothukudi. 4/5 https://www.mhc.tn.gov.in/judis Tr.C.M.P(MD).No.568 of 2021 S. ANANTHI, J., trp Tr.C.M.P(MD).No.568 of 2021 and CMP(MD).No. 10210 of 2021 01.03.2022 5/5 https://www.mhc.tn.gov.in/judis