Madras High Court
A.Suguna vs B.Aranganathan on 9 November, 2021
Author: R.Subramanian
Bench: R.Subramanian
Tr CMP Nos.698 and 702 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.11.2021
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
Tr CMP Nos.698 and 702 of 2021
and
CMP Nos.17301 and 17356 of 2021
A.Suguna ... Petitioner in Tr CMP No.698 of 2021 and
Respondent in Tr CMP No.702 of 2021
Vs
B.Aranganathan ... Respondent in Tr CMP No.698 of 2021 and
Petitioner in Tr CMP No.702 of 2021
Prayer in Tr.CMP No.698 of 2021: Transfer Civil Miscellaneous Petition
filed under Section 24 of the Code of Civil Procedure, 1908, pleased to
withdraw the HMOP No.37 of 2020 pending on the file of the Family Court,
Perambalur and transfer the same to the Subordinate Court, Thuraiyur.
Prayer in Tr.CMP No.702 of 2021: Transfer Civil Miscellaneous Petitions
filed under Section 24 of the Code of Civil Procedure, 1908, pleased to
withdraw the HMOP No.80 of 2021, pending on the file of the Subordinate
Court, Thuraiyur and transfer the same to the Family Court, Perambalur.
1/4
https://www.mhc.tn.gov.in/judis
Tr CMP Nos.698 and 702 of 2021
For Petitioner in Tr CMP No.698 of 2021 &
for Respondent in Tr CMP No.702 of 2021 : Mr.S.S.Karthikeyan
For Respondent in Tr CMP No.698 of 2021 &
for Petitioner in Tr CMP No.702 of 2021 : Mr.A.Murali
COMMON ORDER
The parties to the above two Transfer Civil Miscellaneous Petitions are same. In Transfer CMP No.698 of 2021, the wife seeks transfer of proceedings from the Family Court, Perambalur to the Subordinate Court, Thuraiyur. In Transfer CMP No.702 of 2021, the husband seeks transfer of proceedings from the Subordinate Court, Thuraiyur to the Family Court, Perambalur.
2. The Petition in HMOP No.80 of 2021 which is pending on the file of the Subordinate Court, Thuraiyur is an application for restitution of conjugal rights filed by the wife and HMOP No.37 of 2020 pending on the file of the Family Court, Perambalur is for divorce, filed by the husband. The wife is admittedly a resident of Kottathur Village, Musiri Taluk, Trichi District near Thuriyur. In the proceedings before the Sub Court, the presence of the parties for every hearing is not required for, unlike the 2/4 https://www.mhc.tn.gov.in/judis Tr CMP Nos.698 and 702 of 2021 Family Court. Therefore, I am of the considered opinion, it will be in the interest of the parties and more convenient to the parties, the proceedings are held at Sub Court, Thuraiyur where the parties can be represented through their counsels for regular hearings.
3. Considering the above circumstance, the proceedings in HMOP No.37 of 2020 which are pending on the file of the Family Court, Perambalur are withdrawn and transferred to the Sub Court, Thuraiyur, to be tried and disposed of along with HMOP No.80 of 2021 pending on the file of the Sub Court, Thuraiyur.
4. In fine, Tr.CMP No.702 of 2021 filed by the husband, is dismissed and Tr.CMP No.698 of 2021 filed by the wife, is allowed. No costs. Consequently, connected miscellaneous petitions are closed.
09.11.2021 Index:Yes / No Speaking / Non-Speaking order vum 3/4 https://www.mhc.tn.gov.in/judis Tr CMP Nos.698 and 702 of 2021 R.SUBRAMANIAN, J.
vum To
1. The Family Court, Perambalur.
2. The Subordinate Court, Thuraiyur.
Tr CMP Nos.698 and 702 of 2021 and CMP Nos.17301 and 17356 of 2021 09.11.2021 4/4 https://www.mhc.tn.gov.in/judis