VASANTHI Vs. S ARUMUGAM

JUDGEMENT

(1.) TR. C. M. P. No. 21542 of 2003 has been filed by the wife praying to direct withdrawal of H. M. O. P. No. 127 of 2002 from the file of the court of Principal Subordinate Judge, Chengalpattu and transfer the same to the file of the Court of Subordinate Judge, Nagapattinam to be tried together with h. M. O. P. No. 116 of 2003.

(2.) TR. C. M. P. No. 7575 of 2004 has been filed by the husband praying to withdraw H. M. O. P. No. 116 of 2003 from the file of the Court of subordinate Judge, Nagapattinam and transfer the same to the file of the Court of Subordinate Judge, Chengalpattu to be tried along with H. M. O. P. No. 127 of 2002.

(3.) CONSIDERING the facts and circumstances and in view of the judgment of the Apex Court cited supra, Tr. C. M. P. No. 21542 of 2003 filed by the wife is entitled to be allowed while the Tr. C. M. P. No. 7575 of 2004 filed by the husband is liable to be dismissed. In result, (i) Tr. C. M. P. No. 21542 of 2003 is allowed. (ii)Tr. C. M. P. No. 7575 of 2004 is dismissed. (iii) H. M. O. P. No. 127 of 2002 pending on the file of the court of Subordinate Judge, Chengalpattu is hereby ordered to be transferred to the file of the Court of Subordinate Judge, Nagapattinam so as to be tried along with H. M. O. P. No. 116 of 2003. However, in the circumstances of the cases, there shall be no order as to costs. Consequently, C. M. P. No. 21543 of 2003 is closed and c. M. P. No. 7576 of 2004 is dismissed. .