Vs.
PRAYER: Petition filed under Section 24 of the Code of Civil Procedure, to withdraw and transfer the proceedings in H.M.O.P.No.633 of 2016 pending on the file of the Sub Court, Tambaram, Chennai to the file of the Principal Sub Court, Nagercoil or any other competent Court at Nagercoil.
!For Petitioner : Mr.K.Vamanan ^For Respondent : Mr.S.Namasivayam Mr.L.Shaji Chellan (Mediator) H.M.O.P.No.633 of 2016: R.Senthil Ram ... Petitioner Vs. S.Subala ... Respondent
Prayer: Petition filed under Section 9 of the Hindu Marriages Act, 1995, to direct the respondent to come and live with the petitioner and restore the conjugal relationship with the petitioner.
:COMMON ORDER The petitioner/wife has come before this Court seeking to transfer H.M.O.P.No.633 of 2016 pending on the file of the Sub Court, Tambaram, Chennai, filed by the respondent/husband seeking restitution of conjugal rights, to the file of the Principal Sub Court, Nagercoil or any other competent Court at Nagercoil.
2. The petitioner/wife and the respondent/husband got married on 11.11.2012 and they lived together for one and a half years and thereafter, they are living separately. Therefore, the respondent/husband filed H.M.O.P.No.633 of 2016 on the file of the Sub Court, Tambaram, Chennai. Only to transfer the said petition, the petitioner/wife has come before this Court.
3. Today, both the parties appeared before this Court. Though the respondent/husband is agreeable to get reunited, the petitioner/wife is not agreeable for reunion and therefore, no purpose would be served by keeping the main H.M.O.P.No.633 of 2016 which has been filed for restitution of conjugal rights.
4. Based on the statement made by the petitioner/wife, this Court suo motu withdraws the petition in H.M.O.P.No.633 of 2016 pending on the file of the Sub Court, Tambaram, Chennai, filed by the respondent/husband and transfers the same to the file of this Court by exercising the powers under
Article 227 of the Constitution of India and Section 151 of the Code of Civil Procedure and accordingly, H.M.O.P.No.633 of 2016 is dismissed.
5. Accordingly, this Transfer Civil Miscellaneous Petition is disposed of as above. No costs. Consequently, the connected civil miscellaneous petition is closed.
To
1.The Sub Court, Tambaram, Chennai.
2.The Principal Sub Court, Nagercoil.
.