B.Ananthi vs P.Balasubramanian on 3 February, 2021

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Madras High Court

B.Ananthi vs P.Balasubramanian on 3 February, 2021

Bench: R.Subramanian

                                                                            Tr.C.M.P.(MD)No.231 of 2020

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED : 03.02.2021

                                                     CORAM:

                            THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

                                          Tr.C.M.P.(MD)No.321 of 2020
                                                     and
                                           C.M.P.(MD)No.7165 of 2020

                   B.Ananthi                                         ... Petitioner/ Petitioner

                                                       versus

                   P.Balasubramanian                                 ... Respondent/Respondent

                             Transfer Petition filed under Section 24 of C.P.C. seeking to
                   withdraw the HMOP No.248 of 2020 pending before the Hon'ble Family
                   Judge, Sivagangai and to transfer the same to the file of the Hon'ble Family
                   Judge, Madurai to be tried along with the HMOP No.344 of 2020 and to
                   dispose of the same in accordance with law.


                             For Petitioner      : Mr.Babu Rajendran
                             For Respondent      : Mr.Devaraj Mahesh

                                                      ORDER

The wife seeks transfer of HMOP.No.248 of 2020, pending on the file of the Family Court, Sivaganga to the file of the Family Court, Madurai to be tried along with HMOP No.334 of 2020 filed by her seeking divorce. http://www.judis.nic.in 1/4 Tr.C.M.P.(MD)No.231 of 2020

2.The marriage took place on 08.06.2017. The petitioner wife filed HMOP.No.334 of 2020 on the file of the Family Court at Madurai on 20.07.2020, seeking divorce under Section 13(1)(i-a) of the Hindu Marriage Act. The private notice in the said HMOP was sent to the husband on 12.11.2020 and it is seen from the acknowledgement card produced that it was received by the husband on 14.11.2020 and thereafter, the husband chose to file HMOP No.248 of 2020 before the Family Court, Sivaganga on 18.11.2020.

3.The sequence of events narrated above would show that the HMOP No.248 of 2020 for restitution of conjugal rights was filed by the husband after receipt of notice in the HMOP filed by the wife. If these proceedings are allowed to go on parallelly in two different Courts, there is every possibility of there being conflicting judgments.

4.In view of the same and considering the distance between Sivaganga and Madurai, HMOP No.248 of 2020 filed by the husband, seeking restitution of conjugal rights is withdrawn from the file of the Family Court, Sivaganga and transferred to the file of the Family Court, Madurai, to be tried along with HMOP No.334 of 2020 pending on the file of the Family Court, Madurai.

http://www.judis.nic.in 2/4 Tr.C.M.P.(MD)No.231 of 2020

5.In the result, this petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.

03.02.2021 Index : Yes / No Internet : Yes / No dsk To

1. The Judge, Family Court, Sivagangai.

2. The Judge, Family Court, Madurai.

http://www.judis.nic.in 3/4 Tr.C.M.P.(MD)No.231 of 2020 R.SUBRAMANIAN, J.

dsk Tr.C.M.P.(MD)No.321 of 2020 and C.M.P.(MD)No.7165 of 2020 03.02.2021 http://www.judis.nic.in 4/4

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