M. Shanthi vs D. Vimalraj
2021 Latest Caselaw 5811 Mad

                                                                             TR.CMP(MD).No.45 of 2021


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED: 04.03.2021

                                                      CORAM :

                            THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

                                         TR.CMP(MD).No.45 of 2021 and
                                           CMP(MD).No.964 of 2021


                   M. Shanthi                                                  .. Petitioner

                                                          Vs.


                   D. Vimalraj                                                 ... Respondent



                   Prayer: Transfer CMP filed under Section 24 CPC to withdraw the case in
                   HMOP.No.339 of 2020 on the file of the Family Court, Madurai and to
                   transfer the same to the Sub Court, Theni to try along with HMOP.No.139
                   of 2020.


                                 For petitioner      : Mr. A. Pushpanathan

                                 For respondent      : No appearance


                                                     ORDER

Despite service of notice, respondent / husband has not

appeared either in person or through counsel duly instructed.

http://www.judis.nic.in TR.CMP(MD).No.45 of 2021

2. The petitioner / wife, seeks transfer of the petition filed by

the respondent / husband in HMOP.No. 339 of 2020, pending on the file

of Family Court, Madurai to Sub Court, Theni to be tried along with

HMOP.No.139 of 2020, which is already pending on the file of Sub Court,

Theni.

3. While HMOP.No.339 of 2020 is filed by the respondent /

husband for restitution of conjugal rights, HMOP.No.139 of 2020 has been

filed by the petitioner / wife seeking divorce on the ground of cruelty.

These two petitions will have to be heard together in order to avoid

conflicting Judgments.

4. It is also seen that HMOP.No.139 of 2020 was filed in the

month of February 2020 and HMOP.No.339 of 2020 filed before the

Family Court in the month of August 2020. Hence, HMOP.No. 339 of

2020 is withdrawn from the file of the Family Court, Madurai and

transferred to the file of Sub Court, Theni to be heard and disposed of

along with HMOP.No.139 of 2020.

5. In view of the same, the Transfer CMP is allowed. The

http://www.judis.nic.in TR.CMP(MD).No.45 of 2021

Family Court, Madurai is directed to transmit the papers to the Sub Court,

Theni, forthwith. No costs. Consequently, the connected Miscellaneous

Petition is closed.

04.03.2021 Index : yes/no Internet : yes/no trp

To

1. The Sub Court, Theni.

2. The Family Court, Madurai.

http://www.judis.nic.in TR.CMP(MD).No.45 of 2021

R.SUBRAMANIAN,J.,

trp

TR.CMP(MD).No.45 of 2021 and CMP(MD).No.964 of 2021

04.03.2021

http://www.judis.nic.in