S.V.S.J.Arul Mari vs K.Thirumurugan
2021 Latest Caselaw 5536 Mad

                                                                          Tr.C.M.P(MD)No.37 of 2021


                            BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED: 02.03.2021

                                                      CORAM

                                THE HON'BLE MR.JUSTICE R.SUBRAMANIAN

                                           Tr.C.M.P(MD)No.37 of 2021
                                                     and
                                           C.M.P(MD) No.710 of 2021

                      S.V.S.J.Arul Mari                           ... Petitioner /Respondent

                                                         -Vs-

                      K.Thirumurugan                              ... Respondent /Petitioner

                      Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of
                      C.P.C., to withdraw M.O.P No.429 of 2020 pending on the file of the
                      Family Court at Pondicherry and transfer the same to the file of the III
                      Additional Sub Court, Madurai and to try along with H.M.O.P.No.106 of
                      2020.


                                  For Petitioner     :      Mr.R.Murali
                                  For Respondent     :      No Appearance

                                                    ORDER

The wife/petitioner seeks transfer of M.O.P.No.429 of 2020

on the file of the Family Court, Pondicherry to III Additional Sub Court,

Madurai, to be tried along with H.M.O,P.No.106 of 2020.

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Tr.C.M.P(MD)No.37 of 2021

2. While, H.M.O.P.No.106 of 2020 is one for restitution of

conjugal rights, M.O.P.No.429 of 2020 has been filed for divorce.

Needless to state that there is a possibility of conflicting judgments, if

both petitions are tried separately.

3. Despite service, the husband/respondent herein is not appearing

either in person or through counsel duly instructed.

4. Considering the fact that there is a possibility of conflicting

judgments and the fact that the wife is a resident of Madurai, this

Transfer Civil Miscellaneous Petition is allowed and the proceedings in

M.O.P.No.429 of 2020 is withdrawn from the file of the Family Court,

Pondicherry and transferred to the file of III Additional Sub-Court,

Madurai, to be tried along with H.M.O.P.No.106 of 2020 and dispsoed

of, in accordance with law. The Family Court, Pondicherry is directed to

transmit the records to III Additional Sub-Court, Madurai forthwith. No

costs. Consequently, connected miscellaneous petition is closed.

02.03.2021 Index : Yes/No Internet : Yes/No vsm

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Tr.C.M.P(MD)No.37 of 2021

To

1.The Judge, Family Court, Pondicherry.

2.The III Additional Subordinate Judge, Madurai.

3.The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai.

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Tr.C.M.P(MD)No.37 of 2021

R.SUBRAMANIAN.J.,

vsm

Order made in Tr.C.M.P(MD)No.37 of 2021 and C.M.P(MD) No.710 of 2021

02.03.2021

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