Madras High Court
P.Anitha vs Rama Shanmugam on 7 March, 2023
Tr CMP (MD) No. 694 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 07.03.2023
CORAM:
THE HONOURABLE MR.JUSTICE C.SARAVANAN
Tr.C.M.P.(MD) Nos.694 & 695 of 2022
and
CMP(MD)Nos.11047 &11051 of 2022
Tr.C.M.P.(MD) No.694 of 2022
P.Anitha ... Petitioner/Petitioner/Wife
-vs-
Rama Shanmugam ... Respondent/Respondent/Husband
PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of the
Code of Civil Procedure, to withdraw and transfer the HMOP.No.146 of 2012 on
the file of Subordinate Judge, Uthamapalayam to the Sub Court, Pollachi.
For Petitioner : Mr.P.Manonmani
For Respondent : Mr.K.Guhan
Tr.C.M.P.(MD) No.695 of 2022
P.Anitha ... Petitioner/Respondent/Wife
-vs-
Rama Shanmugam ... Respondent/Petitioner/Husband
PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of the
Code of Civil Procedure, to withdraw and transfer the HMOP.No.122 of 2012 on
the file of Subordinate Judge, Uthamapalayam to the Sub Court, Pollachi.
https://www.mhc.tn.gov.in/judis
Tr CMP (MD) No. 694 of 2022
For Petitioner : Mr.P.Manonmani
For Respondent : Mr.K.Guhan
COMMON ORDER
These 2 Transfer Civil Miscellaneous Petition have been filed by the
petitioner, who is the respondent in HMOP.No.122 of 2012 and the petitioner in
HMOP.No.146 of 2012. HMOP.No.122 of 2012 has been filed by the husband for
divorce. HMOP.No.146 of 2012 has been filed by the petitioner for restitution of
conjugal rights.
2.The specific case of the petitioner is that the petitioner had requested for
joint trial in both the HMOPs. However, it was refused. Therefore, the petitioner
herein has filed HMCMA.No.11 of 2017 for reopening the evidence.
3.These Transfer Civil Miscellaneous Petitions have been opposed by the
respondent/husband on the ground that the trial is complete in both the cases and
the cases were listed for argument on 08.12.2022. At this stage, the present
Transfer Civil Miscellaneous Petitions have been filed.
https://www.mhc.tn.gov.in/judis
Tr CMP (MD) No. 694 of 2022
4.The learned counsel for the respondent filed extract of the Court
proceedings from the Court web-site, which indicates that the case was listed for
argument on various dates and the case was last listed on 09.01.2023 for
argument. There is no merit in the applications filed by the petitioner at this stage,
particularly, when the case was listed for argument after commencement of trial.
5.Considering the above, both the Transfer Civil Miscellaneous Petitions
are dismissed. No costs. Consequently, the connected miscellaneous petitions are
closed. The Trial Court is directed to hear out the parties and pronounce final
judgment and decree in HMOP.Nos.122 & 146 of 2012 preferably within a period
of six months from the date of receipt of a copy of this order.
07.03.2023
NCC : Yes / No
Internet : Yes / No
Index : Yes / No
dss
https://www.mhc.tn.gov.in/judis
Tr CMP (MD) No. 694 of 2022
C.SARAVANAN, J.
dss
To:
1.The Subordinate Judge,
Uthamapalayam.
2. The Sub Court,
Pollachi.
Order made in
Tr.C.M.P.(MD) Nos.694 & 695 of 2022
and
CMP(MD)Nos.11047 &11051 of 2022
Dated:
07.03.2023
https://www.mhc.tn.gov.in/judis
