B.Madhurapriya vs S.Premananth
2021 Latest Caselaw 3277 Mad

                                                                              Tr.C.M.P.No.529 of 2020


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 10.02.2021

                                                        CORAM

                                   THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM

                                                Tr.C.M.P.No.529 of 2020
                                                          and
                                                C.M.P.No.14110 of 2020

                     B.Madhurapriya                                              ..Petitioner
                                                           Vs.

                     S.Premananth                                               ..Respondent



                     Prayer : Transfer Civil Miscellaneous Petition filed under Section 24 of
                     C.P.C., praying to withdraw H.M.O.P.No.29 of 2018 from the file of
                     Sub-Court, Kumbakonam and transfer the same to the file of Court of
                     Sub-Judge, Tambaram to be tried along with H.M.O.P.No.465 of 2016.


                                      For Petitioner    : Mrs.P.Srividhya

                                      For Respondent : Mrs.R.Rasilasree


                                                       JUDGMENT

The present case on hand is filed to withdraw H.M.O.P.No.29 of

2018 from the file of Sub-Court, Kumbakonam and transfer the same to

https://www.mhc.tn.gov.in/judis/ Tr.C.M.P.No.529 of 2020

the file of Court of Sub-Judge, Tambaram to be tried along with

H.M.O.P.No.465 of 2016.

2.The marriage between the petitioner and the respondent was

solemnized on 16.05.2010 as per the Hindu Rights and Customs. Out of

the wedlock a male child was born on 02.02.2011. The respondent is

employed in a software company in Chennai. On account of difference

of opinions, the petitioner/wife left the matrimonial home and was living

with her parents at Kumbakonam initially at that point of time she filed

H.M.O.P.No.29 of 2018 for Restitution of Conjugal Rights. The

respondent/husband filed H.M.O.P.No.465 of 2016 for dissolution of

marriage before the Sub-Court, Tambaram.

3.The learned counsel for the petitioner states that now the

petitioner has shifted her residence from Kumbakonam to Chennai and

residing at Keelkattalai. The case filed by the respondent before the Sub

Court, Tambaram is also transferred to Sub-Court, Alandur, on account

of bifurcation of jurisdiction. Therefore, both the cases are to be tried

before the Sub-Court, Alandur, enabling the parties to contest the case.

https://www.mhc.tn.gov.in/judis/ Tr.C.M.P.No.529 of 2020

The petitioner is now residing in Chennai along with her child. This

being the factum, the case is to be transferred to Sub-Court, Alandur, in

the interest of both the parties.

4.Accordingly, H.M.O.P.No.29 of 2018, pending before the Sub-

Court, Kumbakonam and H.M.O.P.No.465 of 2016 now pending before

the Sub-Court, Tambaram, are transferred to Sub Court, Alandur, for the

purpose of joint trial.

5.Accordingly, Tr.C.M.P.No.529 of 2020 stands disposed of. No

costs. Consequently, connected miscellaneous petition is closed.

10.02.2021

Pns

Index: Yes/No Internet:Yes/No Speaking order/Non speaking order

To

1.The Sub-Court, Tambaram.

2.Th Sub-Court, Kumbakonam.

https://www.mhc.tn.gov.in/judis/ Tr.C.M.P.No.529 of 2020

S.M.SUBRAMANIAM, J.

Pns

Tr.C.M.P.No.529 of 2020

10.02.2021

https://www.mhc.tn.gov.in/judis/