N.Thamaraiselvi vs P.Boopathi Raja
2024 Latest Caselaw 18618 Mad

Madras High Court

N.Thamaraiselvi vs P.Boopathi Raja on 20 September, 2024

                                                                                      Tr.C.M.P.No.585 of 2024


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED : 20.09.2024

                                                          CORAM :

                              THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN

                                                  Tr.C.M.P.No.585 of 2024
                                                and C.M.P.No.12710 of 2024

                    N.Thamaraiselvi                                        .. Petitioner
                                                            Versus
                    P.Boopathi raja                                  .. Respondent

                    Prayer : Transfer Civil Miscellaneous Petition is filed under Section 24 of
                    the Code of Civil Procedure, 1908, to withdraw the petition in
                    H.M.O.P.No.12 of 2024 on the file of the Subordinate Court, Rasipuram and
                    transfer the same to the file of the Subordinate Court, Attur to be tried
                    jointly along with H.M.O.P.No.12 of 2024.

                                     For Petitioner      : Mr.A.Sriram

                                     For Respondent      : Ms.D.Jeevitha


                                                           ORDER

This petition is filed seeking to withdraw H.M.O.P.No.12 of 2024 on

the file of the Subordinate Court, Rasipuram and transfer the same to the file

of the Subordinate Court, Attur for joint trial along with H.M.O.P.No.12 of

2024.

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

2. The matrimony between the petitioner and the respondent was

solemnized on 02.03.2020. From the wedlock, a child was born on

18.09.2021 and unfortunately, the child passed away within three days from

the date of birth. Thereafter, due to disputes and differences, the parties

separated. The wife initiated H.M.O.P.No.12 of 2024 on the file of the

Subordinate Court, Attur, pleading that the husband treated her with cruelty.

Soon thereafter, the husband initiated a proceeding for restitution of

conjugal rights in H.M.O.P.No.12 of 2024 on the file of the Subordinate

Court, Rasipuram.

3. Both the proceedings, having arisen out of same cause of action,

the wife has moved the present Transfer Civil Miscellaneous Petition

seeking for transfer of the proceeding from Rasipuram to Attur. The wife

pleads that she is residing in Attur and as she initiated proceedings first, she

prays that the subsequent proceeding in H.M.O.P.No.12 of 2024 on the file

of the Subordinate Court, Rasipuram to be transferred to Subordinate Court,

Attur and to be heard and disposed of together.

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4. Notice was ordered in the petition on 01.07.2024 and

Ms.D.Jeevitha, learned Counsel entered appearance for the respondent.

5. Heard the learned Counsel on either side.

6. The relationship not being in dispute and also the fact that the wife

initiated proceeding first in H.M.O.P.No.12 of 2024, I am of the view that

the subsequently initiated proceeding by the husband should be transferred

and to be tried along with the original proceeding initiated by the wife. This

is because one proceeding is for divorce and the other is for restitution of

conjugal rights and there should not be conflict of judgments between the

two Courts.

7. Accordingly, this Transfer Civil Miscellaneous Petition is allowed.

H.M.O.P.No.12 of 2024, on the file of the Subordinate Court, Rasipuram is

withdrawn and transferred to the file of Subordinate Court, Attur to be heard

and disposed of along with H.M.O.P.No.12 of 2024. No costs.

Consequently, connected miscellaneous petition is closed.

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







                                                                20.09.2024
                    Index       : yes/no
                    Speaking order/Non-speaking order
                    Neutral Citation : yes/no
                    grs


                    To

                    1. The Subordinate Court,
                       Rasipuram.

                    2. The Subordinate Court,
                       Attur.




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





                                  V.LAKSHMINARAYANAN, J.

                                                                 grs










                                                      20.09.2024




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