Allowed

G.Gomathi v. S.Anandhan

Madras HC28 Jun 2016TR CMP/358/2015

Case brief

AI extract

What is this about?

In this transfer petition, the Court directed the transfer of the husband's claim for restitution of conjugal rights from the Sub-Court, Tindivanam, to the Family Court, Chennai, to be tried jointly with the wife's divorce petition for convenience of proceedings.

What did the court decide?

Transfer of H.M.O.P.No.35 of 2015 to I Additional Judge, Family Court, Chennai, to be tried jointly with F.C.O.P.No.3509 of 2014.

G.Gomathi Vs S.Anandhan — Service and Employment | Madras HC (2016)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶2

DATED: 28.06.2016

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CORAM

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THE HONOURABLE MR.JUSTICE C.T.SELVAM

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Transfer Civil Miscellaneous Petition No.358 of 2015

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and

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M.P.No.1 of 2015

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G.Gomathi ... Petitioner/Respondent
vs
S.Anandhan ... Respondent/Petitioner

¶9

Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil Procedure Code, 1906, praying to withdraw H.M.O.P.No.35 of 2015 on the file of Principal Judge, Sub-Court, Tindivanam, and transfer the same to the file of I Additional Judge, Family Court, Chennai, to be tried along with O.P.No.3509 of 2014.

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For Petitioner : Mr.P.B.Ramanujam
For Respondent : Ms.Annamma
No appearance
O R D E R

¶11

Petitioner has filed the present petition seeking transfer of H.M.O.P.No.35 of 2015 on the file of learned Principal Judge, Sub-Court, Tindivanam, to the file of learned I Additional Judge, Family Court, Chennai, to be tried along with F.C.O.P.No.3509 of 2014.

¶12

Learned counsel for petitioner submits that the petitioner/wife has filed F.C.O.P.No.3509 of 2014 on the file of learned I Additional Judge, Family Court, Chennai, seeking divorce and the respondent/husband has filed H.M.O.P.No.35 of 2015 on the file of learned Principal Judge, Sub-Court, Tindivanam, seeking restitution of conjugal rights. As the petitioner/wife is residing at Chennai, she finds it difficult to travel to Tindivanam to attend the hearing of the case. Since both parties have filed petitions, it would be desirable to have both the matters together. Submitting as above, learned counsel prays for transfer.

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https://hcservices.ecourts.gov.in/hcservices/

¶14

There is no representation for respondent.

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Considering the said submissions, this Court directs transfer of H.M.O.P.No.35 of 2015 on the file of learned Principal Judge, Sub-Court, Tindivanam, to the file of learned I Additional Judge, Family Court, Chennai, to be tried jointly with F.C.O.P.No.3509 of 2014.

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The Transfer Civil Miscellaneous Petition is disposed of with the above direction. No costs. Consequently, connected miscellaneous petition is closed.

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Sd/-
Assistant Registrar(CS II)
//True Copy//
Sub Assistant Registrar
gm
To
1.The Principal Judge,
Sub-Court,
Tindivanam.
2.The I Additional Judge,
Family Court,
Chennai.
+1cc to M/s. P.B. Ramanujam, Advocate, S.R.No.36539
(CO)
EU(/07/2016)

¶18

Transfer Civil Miscellaneous Petition No.358 of 2015

¶19

https://hcservices.ecourts.gov.in/hcservices/

G.Gomathi v. S.Anandhan

Case brief

What is this about?

What did the court decide?

G.Gomathi v. S.Anandhan

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

Parties & counsel

Coram

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