The wife, who is the respondent in H.M.O.P.No.319 of 2016, on the file of Family Court, Madurai, seeks transfer of the said petition to the file of Sub-Court, Tenkasi.
2.The wife is admittedly a resident of Ayakudi near Tenkasi. The respondent/husband, had earlier filed H.M.O.P.No.481 of 2014 before the Family Court, Madurai seeking restitution of conjugal rights.
3.At the instance of the wife/Petitioner, the said O.P was withdrawn from the file of Family Court, Madurai and transferred to the file of Sub- Court, Tenkasi by order, dated 2.6.2015, made in Tr.C.M.P(MD)No.151 of 2015.Thereafter only, the present application in H.M.O.P.No.319 of 2016 has been filed by the respondent/husband before Family Court, Madurai. Considering the above facts, I do not see any bona-fide on the part of the respondent/husband to move the Family Court, Madurai after this Court has already transferred his application for restitution of conjugal rights to the file of Sub-Court, Tenkasi.
4.Considering the above facts and circumstances, this Transfer Civil Miscellaneous Petition is allowed and the Petition in H.M.O.P.No.319 of 2016 is withdrawn from the file of Family Court, Madurai and transferred to the file of Sub-Court, Tenkasi. The Family Court, Madurai is directed to despatch the records to Sub-Court, Tenkasi, within a period of two weeks from the date of receipt of copy of this order. Consequently, connected Miscellaneous Petition is closed. No costs.
To
1.The Judge, Family Court, Madurai.
2.The Sub-Judge, Tenkasi..