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M. Sathya Vs. R. Magudesh - Court Judgment

LegalCrystal Citation
CourtChennai Madurai High Court
Decided On
Case NumberTr.C.M.P(MD)No. 488 of 2016 & C.M.P.(MD).No. 9859 of 2016
Judge
AppellantM. Sathya
RespondentR. Magudesh
Excerpt:
.....under section 24 of civil procedure code to withdraw the h.m.o.p.no.434 of 2015 pending on the file of family court, tiruchirapalli and to transfer the same to the file of subordinate court, tiruchengode, namakkal district.) 1. the contention of the petitioner is that the marriage between the petitioner and respondent has been solemnized on 27.05.2001 as per the hindu rites and customs at thiruchengode. out of the wedlock a female child was born. due to strained relationship between the parties, the petitioner left the matrimonial home and now she is living along with her parents at nagercoil. the present petition has been filed by the petitioner/wife seeking transfer of h.m.o.p.no.434 of 2015 from the file of family court, tiruchirappalli to the subordinate court, tiruchengode to be.....
Judgment:

(Prayer: Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code to withdraw the H.M.O.P.No.434 of 2015 pending on the file of Family Court, Tiruchirapalli and to transfer the same to the file of Subordinate Court, Tiruchengode, Namakkal District.)

1. The contention of the petitioner is that the marriage between the petitioner and respondent has been solemnized on 27.05.2001 as per the Hindu rites and customs at Thiruchengode. Out of the wedlock a female child was born. Due to strained relationship between the parties, the petitioner left the matrimonial home and now she is living along with her parents at Nagercoil. The present petition has been filed by the petitioner/wife seeking transfer of H.M.O.P.No.434 of 2015 from the file of Family Court, Tiruchirappalli to the Subordinate Court, Tiruchengode to be tried along with H.M.O.P.No.19 of 2016.

2. In view of the dismissal of the transfer filed by the husband in Tr.C.M.P.(MD) No.440 of 2016, the present petition deserves to be considered.

3. Accordingly, this Transfer Civil Miscellaneous Petition is allowed and H.M.O.P.No.434 of 2015 on the file of the Family Court, Tiruchirapalli is ordered to be transferred to the Subordinate Court, Tiruchengode forthwith. No costs. Consequently, C.M.P(MD)No.9859 of 2016 is closed.


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