Madras High Court
N.Janani vs T.Natraj on 6 July, 2021
Tr.C.M.P. No.291 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.07.2021
CORAM:
THE HONOURABLE Mr. JUSTICE S.S.SUNDAR
Tr.C.M.P. No.291 of 2021
and C.M.P. No.7341 of 2021
N.Janani .. Petitioner
Vs
T.Natraj .. Respondent
PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24 of Civil
Procedure Code, pleased to withdraw the HMOP No.127 of 2020 on the file of
the Subordinate Court, Harur and transfer the same to the file of the
II Additional Subordinate Court, Coimbatore to be tried jointly along with O.S.
No.387 of 2021.
For Petitioner : Mr.L.Mouli
For Respondent : No Appearance
ORDER
This transfer civil miscellaneous petition is filed to withdraw the
HMOP No.127 of 2020 on the file of the Sub Court, Harur and
transfer the same to the II Additional Sub Court, Coimbatore to be
tried along with OS No.387 of 2021.
https://www.mhc.tn.gov.in/judis/
Tr.C.M.P. No.291 of 2021
2.The petitioner is the wife. It is specific case of the petitioner
that she was forcibly taken in a car on 30.10.2020 against her wish
and without consent, the respondent husband forcefully tied Thali
around her neck, while her mother was holding her hands in a
Perumal Temple in Pattanur. Therefore, she filed a suit before the II
Additional Subordinate Court, Coimbatore in O.S.No.387 of 2021,
seeking to declare the marriage performed under coercion on
30.10.2020 as null and void. Earlier, the husband filed a petition for
restitution of conjugal rights in HMOP No.127 of 2020 on the file of
the Subordinate Court, Harur. It is stated that she is living with her
parents in Coimbatore and that she will be denied a fair opportunity
in the petition filed by the husband for restitution of conjugal rights,
if it is tried and disposed of by the Sub Court, Harur.
3.It is also stated that the distance between Coimbatore and
Harur is about 225 Kms, which is far away from her permanent
residence. Hence, the petitioner seeks for transfer of the case. It is
also requested that it will be in the interest of parties, if both the
matters filed by the husband and the wife are tried together to avoid
conflicting judgments.
https://www.mhc.tn.gov.in/judis/
Tr.C.M.P. No.291 of 2021
4.Having regard to the admitted facts that the petitioner and
the respondent have filed two different petitions, and that it will be in
the interest of parties to dispose of the petitions by a common order,
this Court is of the view that transfer of petition filed by the husband
may be appropriate. Since the husband has not come on record to
deny the averments made in the affidavit filed in support of the
petition, this petition is allowed and the proceedings in HMOP No.127
of 2020 on the file of the Subordinate Court, Harur, are hereby
withdrawn and transferred to the II Additional Subordinate Court,
Coimbatore, to be tried together along with O.S. No.387 of 2021. No
Costs. Consequently, connected miscellaneous petition is closed.
06.07.2021
Index:Yes/No
Speaking order / Non speaking order
ssr
To
1.The Subordinate Court, Harur.
2.The II Additional Subordinate Court, Coimbatore.
https://www.mhc.tn.gov.in/judis/
Tr.C.M.P. No.291 of 2021
S.S.SUNDAR. J.,
ssr
Tr.C.M.P. No.291 of 2021
and C.M.P. No.7341 of 2021
06.07.2021
https://www.mhc.tn.gov.in/judis/
