Madras High Court
A.Kamal vs K.Kavitha on 24 November, 2021
Author: R.Subramanian
Bench: R.Subramanian
Tr.CMP.Nos.550 & 621 of 2021
and CMP.Nos.14449 & 15525 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.11.2021
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
Tr.CMP.Nos.550 & 621 of 2021
and
CMP.Nos.14499 & 15525 of 2021
A.Kamal ...Petitioner in Tr.CMP.No.550 of 2021
K.Kavitha ...Petitioner in Tr.CMP.No.621 of 2021
Vs.
K.Kavitha ..Respondent in Tr.CMP.No.550 of 2021
A.Kamal ...Respondent in Tr.CMP.No.621 of 2021
Prayer in Tr.CMP.No.550 of 2021: Transfer civil miscellaneous petition
filed under Section 24 of C.P.C., seeking to withdraw HMOP.No.65 of 2021
on the file of the Sub-Court, Tambaram and transfer the same to the file of
the Sub-Court, Arakkonam to be hearda long with HMOP.No.38 of 2021,
pending on its file.
Prayer in Tr.CMP.No.621 of 2021: Transfer civil miscellaneous petition
filed under Section 24 of C.P.C., seeking to withdraw HMOP.No.38 of 2021
pending on the file of the Sub-ordinate Court, Arakkonam and transfer the
same to the Sub-ordiante Court, Tambaram.
1/7
https://www.mhc.tn.gov.in/judis
Tr.CMP.Nos.550 & 621 of 2021
and CMP.Nos.14449 & 15525 of 2021
For Petitioner : Mr.S.Kaithamalai Kumaram in Tr.CMP.No.550 of
2021
Mr.P.Suresh in Tr.CMP.No.621 of 2021
For Respondent : Mr.P.Suresh in Tr.CMP.No.550 of 2021
Mr.S.Kaithamalai Kumaran in Tr.CMP.No.621 of
2021
ORDER
In Tr.CMP.No.550 of 2021, the husband seeks transfer of HMOP.No.65 of 2021 on the file of the Sub-Court, Tambaram to the Sub-
Court, Arakkonam to be tried along with HMOP.No.38 of 2021.
2.In Tr.CMP.No.621 of 2021, the wife seeks transfer of HMOP.No.38 of 2021 from the file of the Sub-ordinate Court, Arakkonam to the Sub-ordinate Court, Tambaram to be tried along with HMOP.No.65 of 2021.
2/7https://www.mhc.tn.gov.in/judis Tr.CMP.Nos.550 & 621 of 2021 and CMP.Nos.14449 & 15525 of 2021
3.It is seen from the records that the husband is a resident of Sholinghur and the wife is a resident of Tambaram. While the wife would express reservations in going to Arakkonam and seek transfer to Tambaram on the ground of convenience, the husband would submit that it would be difficult for him to go to Tambaram and he would plead that his original petition in HMOP.No.38 of 2021 filed by him seeking restitution at Arakkonam being prior in point of time, the original petition filed by the wife subsequently in HMOP.No.65 of 2021 should be transferred to Arakkonam.
4.Considering the convenience of the parties particularly, convenience of the wife, who is a resident of Tambaram and the apprehensions expressed by the wife in travelling to Arakkonam, I am of the opinion that both the original petitions could be transferred to a neutral venue to avoid bickering between the parties. Hence, HMOP.No.38 of 2021 pending on the file of the Sub-court, Arakkonam and HMOP.No.65 of 2021 pending on the file of the Tambaram are withdrawn and transferred to the 3/7 https://www.mhc.tn.gov.in/judis Tr.CMP.Nos.550 & 621 of 2021 and CMP.Nos.14449 & 15525 of 2021 Sub-Court, Alandur to be tried and disposed of in accordance with law.
5.These transfer civil misellaneous petitions are disposed of with the above directions. No costs. Consequently, connected miscellaneous petitions are closed.
24.11.2021 kkn Index:Yes/ No Internet:Yes / No Speaking / Non-speaking order 4/7 https://www.mhc.tn.gov.in/judis Tr.CMP.Nos.550 & 621 of 2021 and CMP.Nos.14449 & 15525 of 2021 To:-
1.The Sub-court, Arakkonam.
2.The Sub-Court, Tambaram.
3.The Sub-Court, Alandur.5/7
https://www.mhc.tn.gov.in/judis Tr.CMP.Nos.550 & 621 of 2021 and CMP.Nos.14449 & 15525 of 2021 R.SUBRAMANIAN, J.
KKN Tr.CMP.Nos.550 & 621 of 2021 and CMP.Nos.14499 & 15525 of 2021 6/7 https://www.mhc.tn.gov.in/judis Tr.CMP.Nos.550 & 621 of 2021 and CMP.Nos.14449 & 15525 of 2021 24.11.2021 7/7 https://www.mhc.tn.gov.in/judis