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2023 Supreme(Online)(MAD) 1399

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.12.2023

CORAM :

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

CRP(PD).No.3273 of 2023

a nd C MP.Nos.20183 & 20185 of 2023

1. N.Ashwin Kumar

2. Shanti

3. V.R.Nedunchezhiyan …. Petitioners

-Vs-

G.Shobika …. Respondent P rayer : Civil Revision Petition filed under Article 227 of the Constitution of India, praying to strike off the proceedings against the petitioners in DVC No.7

of 2023 pending on the file of the Judicial Magistrate Court, Sathyamangalam.

For Petitioners : Mr.M.Guru Prasad

For Respondent : Mr.S.Kamadevan

O R D E R

This Civil Revision Petition has been filed to strike off the proceedings against the petitioners in DVC No.7 of 2023 pending on the file of the Judicial

Magistrate Court, Sathyamangalam.

2. When the matter is taken up for hearing, this Court had enquired both parties with regard to return of jewels and both parties have not inclined to submit the proper report and they are not inclined to reunion.

3. The learned counsel for the petitioners submitted that the respondent filed filed a petition for Restition of Conjugal Rights in H.M.O.P.N.4949 of 2020 on the file of the IV Additional Family Court Chennai and the respondent before entering appearance before the said Court, filed a petition in Tr.O.P.No.1257 of 2022 on the file of this Court to transfer the said proceedigns and the same wa allowed by an order dated 25.01.2023 in and by which the said O.P., was transferrd to the Sub Court, Sathyamangalam and has been renumbered as H.M.O.P.No.30 of 2023 and the same is pending. He further submitted that DVC proceedigns initiated by the respondent/wife in DVC.No.7 of 2023 pending before the Judicial Magistrate Court, Sathyamangalam. All the cases pending before the Sathyamangalam Jurisdiction. The learned counsel for the revision petitioners submitted that the 1st petitioner is the Doctor and he has to travel from Chennai to Sathyamangal between 500 kilometrs. He further submitted that the petitioners have wanted to transfer the cases to Erode.

4. The learne counsel for the respondent submitted that the respondent is residing at Sathyamangalam and she is entitled to proceed with te matter at

Sathyamangalam Sub Court.

5. Considering the facts and cirucumstances of the case and also the fact that both of them were Doctor, hence, this Court is inclined to transfer the both cases. Accordingly, the H.M.O.P.No,30 of 2023 pending on the file of the Sub Court, Sathyamangalam, is ordered to be transferred to the Additional Mahaila Court, Erode. Further, DVC.No.7 of 2023 pending on the file of the Judicial Magistrate, Sathyamangalam, is ordered to be transferred to the Additional Mahila Court, Erode. Further, the Additional Mahila Court, Erode, is directed to disposed of the cases as early as possible.

6. In the result, this Civil Revision Petition is disposed of. Consequently, connected miscellaneous petitions are closed. No costs.

20.12.2023

Speaking / Non Speaking order

Neutral Citation : Yes/No

Index :Yes/No msrm

T.V.THAMILSELVI, J.

msrm

To

1.The Judicial Magistrate Court, Sathyamangalam.

2. The Additional Mahila Court, Erode.

3. The Sub Court, Sathyamangalam

2. The Section Officer,4

VR Section,

High Court of Madras.

CRP(PD).No.3273 of 2023

a nd C MP.Nos.20183 & 20185 of 2023

20.12.2023

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