M.Hindumathi vs M.Thiyagarajan
2022 Latest Caselaw 10602 Mad

                                                                               Tr.C.M.P.No.657 of 2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 20.06.2022

                                                      CORAM:

                                  THE HONOURABLE MRS.JUSTICE S.KANNAMMAL
                                              Tr.C.M.P.No.657 of 2021
                                            and C.M.P.No.16429 of 2021


                 M.Hindumathi                                        ... Petitioner
                                                         -vs-
                 M.Thiyagarajan                                      ... Respondent

                       Transfer Civil Miscellaneous Petition is filed under Section 24 (1) of the
                 Code of Civil Procedure, to order for withdraw and transfer of H.M.O.P.No.56
                 of 2020 pending on the file of the Sub-Court, Karur, Karur District to the
                 Family Court at Coimbatore for joint trial along with H.M.O.P.No.791 of
                 2020.

                                          For Petitioner : Mr.T.Elumalai
                                          For Respondent : No appearance

                                                      ORDER

The present Transfer Civil Miscellaneous Petition is filed to withdraw

and transfer of H.M.O.P.No.56 of 2020 pending on the file of the Sub-Court,

Karur, Karur District to the Family Court, Coimbatore for joint trial along with

H.M.O.P.No.791 of 2020.

https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.657 of 2021

2.The respondent/husband has filed H.M.O.P.No.56 of 2020 before the

Sub-Court, Karur, Karur District for divorce. The petitioner/wife has filed

H.M.O.P.No.791 of 2020 before the Family Court, Coimbatore for divorce.

3.The learned counsel for the petitioner/wife submitted that the

petitioner is residing at Coimbatore with her aged parents and she finds it very

difficult to travel from Coimbatore to Karur District for attending the Court on

every hearing in H.M.O.P.No.56 of 2020 on the file of the Sub-Court, Karur,

Karur District.

4.Heard the learned counsel for the petitioner. Despite sufficient

opportunity given to the respondent, there was no representation even today

on behalf of the respondent. Hence, this Court is inclined to pass orders on

merits.

5.This Court is satisfied with the reasons stated in the affidavit filed in

support of this petition. Further, since two cases are pending from two

different Courts i.e., the wife filed a petition for divorce and also the husband

filed a petition for divorce, to avoid multiplicity of proceedings and

https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.657 of 2021

conflicting judgments, both the cases have to be tried together before a single

Judge.

6. Considering the facts and circumstances of the case and considering

the submission made by the learned counsel for the petitioner, H.M.O.P.No.56

of 2020 is withdrawn from the file of the Sub-Court at Karur, Karur District,

and transferred to the file of the Family Court, Coimbatore to be tried along

with H.M.O.P.No.791 of 2020 for disposal as per law. The learned Sub-Judge,

Karur, Karur District, is directed to transmit the papers to the Family Court,

Coimbatore forthwith. The learned Sub-Judge, Karur, Karur District is

directed to dispose H.M.O.P.No.56 of 2020 along with H.M.O.P.No.791 of

2020 on merits and in accordance with law as expeditiously as possible.

7. Accordingly, this petition is allowed. No costs. Consequently,

connected miscellaneous petition is closed.

                 gbi                                                             20.06.2022

                 Internet : Yes / No
                 Index    : Yes / No




https://www.mhc.tn.gov.in/judis
                                                                  Tr.C.M.P.No.657 of 2021

                                                               S.KANNAMMAL, J.
                                                                                    gbi




                 To:

                 1. The Sub-Court, Karur, Karur District.
                 2. The Family Court, Coimbatore.




                                                            Tr.C.M.P.No.657 of 2021




                                                                          20.06.2022





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