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Kunthavai Nachiyar vs Manojkumar

Madras High Court|12 June, 2017

JUDGMENT / ORDER

The wife, who is the petitioner seeks transfer of H.M.O.P.No.285 of 2016 on the file of the Principal Sub Court, Karur, to the file of the Principal Sub Court, Thanjavur, to be tried along with H.M.O.P.No.57 of 2017 filed by her for restitution of conjugal rights.
2. Though the respondent/husband has been served on 20.05.2017, he has neither chosen to appear in person nor he has engaged a Counsel duly instructed.
3. Apart from pendency of H.M.O.P.No.57 of 2017 for restitution of conjugal rights at Thanjavur, the transfer is also sought for on the ground of convenience of the petitioner/wife.
4. Even in the Original Petition in H.M.O.P.No.285 of 2016, the petitioner/wife is shown to be a resident of Thanjavur.
5. Hence, considering the convenience of the petitioner/wife as well as the pendency of H.M.O.P.No.57 of 2017 for restitution of conjugal rights at Thanjavur, H.M.O.P.No.285 of 2016 pending on the file of the Principal Sub Court, Karur, is withdrawn and transferred to the file of the Principal Sub Court, Thanjavur, to be tried along with H.M.O.P.No.57 of 2017, which is pending before the Principal Sub Court, Thanjavur. The Principal Sub Court, Karur, is directed to despatch the records in H.M.O.P.No.285 of 2016 to the file of the Principal Sub Court, Thanjavur, within a period of two weeks from the date of receipt of a copy of this order.
6. In the result, this Transfer Civil Miscellaneous Petition is ordered as above. No costs. Consequently, the connected civil miscellaneous petition is closed.
To
1.The Principal Subordinate Court, Karur.
2.The Principal Subordinate Court, Thanjavur..
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Title

Kunthavai Nachiyar vs Manojkumar

Court

Madras High Court

JudgmentDate
12 June, 2017