Madras High Court
Anbarasan.M vs Surya.M on 23 August, 2021
Tr.C.M.P.No.393 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.08.2021
CORAM:
THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN
Tr.C.M.P.No.393 of 2021
and
C.M.P.No.9101 of 2021
[Through video conferencing]
Anbarasan.M. ... Petitioner
-vs-
Surya.M ... Respondent
PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of
the Code of Civil Procedure, to withdraw the H.M.O.P.No.1280 of 2020 on the
file of the Additional Family Court, Coimbatore and to transfer the same to the
Principal Sub Court, Dindigul to try along with H.M.O.P.No.49 of 2020.
For Petitioner : Mr.Sundarapandian
For Mr.G.Ganesh Kumar
For Respondent : No appearance
*****
ORDER
The present Transfer Civil Miscellaneous Petition is filed to withdraw
the H.M.O.P.No.1280 of 2020 on the file of the Additional Family Court,
Coimbatore and transfer the same to the file of the Principal Subordinate
https://www.mhc.tn.gov.in/judis/
Tr.C.M.P.No.393 of 2021
Court, Dindigul for having joint trial along with H.M.O.P.No.49 of 2020
pending on the file of the Principal Subordinate Court, Dindigul.
2. The petitioner/husband has filed H.M.O.P.No.49 of 2020 before the
Principal Subordinate Court at Dindigul for divorce. The respondent/wife has
filed H.M.O.P.No.1280 of 2020 before the Additional Family Court at
Coimbatore for restitution of conjugal rights.
3. The learned counsel for the petitioner/husband submitted that the
petitioner is now working at Thiruvannamalai. The distance between
Thiruvannamalai and Dindigul is around 300 Kms and the distance between
Thiruvannamalai and Coimbatore is around 400 Kms and therefore it will be
very difficult for him to attend every hearing in H.M.O.P.No.1280 of 2020
filed by the respondent/wife at Coimbatore. The learned counsel for the
petitioner further submitted that the petitioner seeks transfer of the petition in
H.M.O.P.No.1280 of 2020 from the file of the Additional Family Court,
Coimbatore to the Principal Sub Court, Dindigul to be tried along with
H.M.O.P.No.49 of 2020 for avoiding multiplicity of proceedings and
conflicting judgments.
https://www.mhc.tn.gov.in/judis/
Tr.C.M.P.No.393 of 2021
4. There is no representation for the respondent, hence this Court
proceeds to pass orders on merit.
5. This Court considered the arguments made by the learned counsel for
the petitioner and perused the records.
6. Considering the facts and circumstances of the case and the
submissions made by the learned counsel for the petitioner and considering
the convenience of the respondent, this Court is not inclined to allow this
petition. Moreover, the reasons stated in the affidavit filed in support of this
petition is not sufficient for allowing this petition and hence, this Transfer
Civil Miscellaneous Petition is dismissed. No costs. Consequently, the
connected miscellaneous petition is closed.
23.08.2021
Internet : Yes / No
Index : Yes / No
ssi
To:
1. The Additional Family Court, Coimbatore.
2. The Principal Sub Court, Dindigul.
https://www.mhc.tn.gov.in/judis/
Tr.C.M.P.No.393 of 2021
A.A.NAKKIRAN, J.
ssi
Tr.C.M.P.No.393 of 2021
and C.M.P.No.9101 of 2021
23.08.2021
https://www.mhc.tn.gov.in/judis/
