Mrs.Shanmugapriya vs Lokesh Kumar
2022 Latest Caselaw 7471 Mad

                                                                                 Tr.C.M.P.No.175 of 2022




                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED : 08.04.2022

                                                          CORAM

                                    THE HONOURABLE MS. JUSTICE P.T.ASHA

                                                Tr.CMP. No.175 of 2022
                                                        and
                                                C.M.P.No.3452 of 2022

                     Mrs.Shanmugapriya
                                                                     ... Petitioner/Respondent

                                                              Vs

                     Lokesh Kumar                                   ... Respondent/Petitioner


                     PRAYER: Petition filed under Section 24 of the Code of Civil Procedure,

                     to withdraw the case in HMOP No.14 of 2022 pending on the file of the

                     Sub Court at Alandur, Kancheepuram District and transfer the same to the

                     Family Court Coimbatore to be tried along with HMOP No.621 of 2021.



                                    For Petitioner        :    Mr.Ashok Kumar
                                    For Respondent        :    No appearance




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https://www.mhc.tn.gov.in/judis
                                                                                     Tr.C.M.P.No.175 of 2022


                                                             ORDER

The respondent/wife in a petition for divorce filed by the husband on

the file of the Sub Court at Alandur in H.M.O.P.No.14 of 2022 is the

petitioner before this Court. The petitioner seeks to withdraw the above

proceedings pending on the file of the Sub Court at Alandur and transfer the

same to the file of the Family Court, Coimbatore to be tried along with

HMOP No.621 of 2021.

2. The petitioner’s reasons for seeking transfer is on the ground that

the petitioner herein has filed a petition for restitution of conjugal rights in

HMOP No.621 of 2021 which is pending on the file of the Family Court,

Coimbatore. The petitioner would further submit that the distance between

her native place and the Sub Court Alandur is about 500 kilometers and it is

very difficult for her to attend each and every proceedings along with her

one year old female child. Further she would also submit that her parents

are no more and it is very difficult for her to run day to day life with her one

year old girl child.

https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.175 of 2022

3. The respondent/husband though served has not entered appearance

either in person or through counsel.

4. Heard the learned counsel for the petitioner/wife.

5. Therefore, in order to avoid conflicting judgments and also taking

into account the fact that the petition filed by the petitioner/wife is now

pending on the file of the Family Court Coimbatore, interest of justice

would be served if HMOP No.14 of 2022 pending on the file of the Sub

Court at Alandur transferred to the file of the Family Court, Coimbatore to

be tried along with HMOP No.621 of 2021

6. In the light of the above, the Transfer Civil Miscellaneous Petition

is allowed as prayed for. No costs. Consequently, connected Miscellaneous

Petition is closed.

08.04.2022 Index : Yes/No Internet: Yes/No shr To

1.The Sub Court at Alandur, Kancheepuram District.

2.The Family Court Coimbatore.

https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.175 of 2022

P.T. ASHA, J,

shr

Tr.CMP. No.175 of 2022 and C.M.P.No.3452 of 2022

08.04.2022

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