LAWS(MAD)-2010-3-175

S MARIMUTHU Vs. M SIVAPAKKIYAM

Decided On March 24, 2010
S.MARIMUTHU Appellant
V/S
M.SIVAPAKKIYAM Respondents

JUDGEMENT

(1.) TR.C.M.P.No.92 of 2009, had been filed by S.Marimuthu, the husband of M.Sivapakkiam, the respondent in the said petition, praying that this Court may be pleased to withdraw H.M.O.P.No.2555 of 2006, from the file of the II Additional Family Court, Chennai, and to transfer the same to the Subordinate Court, Srivilliputhur, to be tried along with H.M.O.P.No.75 of 2000.

(2.) M.Sivapakkiyam, the wife of S.Marimuthu, has filed the Transfer Civil Miscellaneous Petition No.274 of 2009, praying that this Court may be pleased to withdraw H.M.O.P.No.75 of 2000, from the file of the Subordinate Court, Srivilliputhur, and to transfer the same to the file of the II Additional Family Court, at Chennai, to be tried along with H.M.O.P.No.2555 of 2006.

(3.) IT has also been stated that she has filed H.M.O.P.No.2555 of 2006, against the respondent, on the file of the II Additional Family Court, at Chennai, for restitution of conjugal rights. Since, the respondent did not attend the hearings, an exparte decree had been passed against him. Thereafter, the exparte decree had been set aside, on 25.6.2009, as the petitioner had consented for the matter being heard on merits.