S.Gayathri vs B.Bharath Kumar on 11 February, 2022

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Madras High Court

S.Gayathri vs B.Bharath Kumar on 11 February, 2022

Bench: P.T.Asha

                                                                         Tr.C.M.P.No.709 of 2021




                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                            DATED : 11.02.2022

                                                      CORAM

                                   THE HONOURABLE MS. JUSTICE P.T.ASHA

                                            Tr.CMP. No.709 of 2021
                                                     and
                                            C.M.P.No.17458 of 2021



                     S.Gayathri                                ... Petitioner

                                                       Vs

                     B.Bharath Kumar                           ... Respondent



                     PRAYER: Petition filed under Section 24 of the Code of Civil
                     Procedure, to withdraw H.M.O.P.No.757 of 2020 on the file
                     of Family Court, Coimbatore and transfer it to the file of the
                     Family court, Erode to be heard along with H.M.O.P.No326
                     of 2020, pending on its file.


                                     For Petitioner    : S.Kaithamalai Kumaran
                                     For Respondent    :   No appearance.


                     1/4
https://www.mhc.tn.gov.in/judis
                                                                            Tr.C.M.P.No.709 of 2021



                                                       ORDER

The wife has filed this Transfer Civil Miscellaneous Petition, seeking to transfer the H.M.O.P.No.757 of 2020 pending on the file of the Family Court, Coimbatore to the file of the Family Court, Erode. This petition is filed by the petitioner/wife for restitution of Conjugal Rights in H.M.O.P.No.326 of 2020.

2. The respondent who has been served with the notice has not chosen to appear either in person or through a pleader.

3. A perusal of the records would show that the matter is now pending before the Family Court at Combatore, where the presence of the parties are mandatory. The petitioner is residing at Erode, in her parental home and it is not possible for her to travel alone to Coimbatore and she 2/4 https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.709 of 2021 would have to take the assistance of another person to come over to Combatore. That apart, the petitioner’s place of residence also confers jurisdiction for trying the petition for Divorce filed by the husband.

4. In the above circumstanes, the Transfer Civil Miscellaneous Petition is therefore allowed and the H.M.O.P.No.757 of 2020, pending on the file of the Family Court, Coimbatore, is withdrawn and transfered to the file of the Family Court, Erode to be heard along with H.M.O.P.No.326 of 2020. No costs. Consequently, connected Miscellaneous Petition is closed.




                                                                                11.02.2022
                     Index            : Yes/No
                     Internet         : Yes/No
                     shr

                     To

1.The Family Court, Coimbatore

2.The Family Court, Erode 3/4 https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.709 of 2021 P.T. ASHA, J, shr Tr.CMP. No.709 of 2021 11.02.2022 4/4 https://www.mhc.tn.gov.in/judis

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