Arul Priyadarshini@R.Sathya v. V.Pravin Raj

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.02.2019 C O R A M THE HONOURABLE MR.JUSTICE M. GOVINDARAJ TR.CMP.NOS.25 AND 80 OF 2019 AND CMP NOS.1152 AND 2993 OF 2019 TR.CMP NO.25 / 2019 Arul Priyadarshini @ R.Sathya ... Petitioner Vs.

V.Pravin Raj ... Respondent PRAYER: Petition filed under Section 24 of the Civil Procedure Code to withdraw H.M.O.P.No.511 of 2018 from the file of the Sub Court, Tambaram and transfer the same to the file of I Additional Family Court, Chennai and direct the I Additional Family Court, Chennai to try along with O.P.No.4501 of 2018. For Petitioner :

M/s.A.Arul Mozhi For Respondent :

Mr.L.Rajasekar TR.CMP NO.80 / 2019 V.Pravin Raj ... Petitioner Vs.

R.Sathya ... Respondent PRAYER: Petition filed under Section 24 of the Civil Procedure Code to withdraw H.M.O.P.No.511 of 2018 from the file of the Sub Court, Tambaram and transfer the same to the file of I Additional Family Court, Chennai.

For Petitioner :

Mr.L.Rajasekar For Respondent :

M/s.A.Arul Mozhi

COMMON ORDER The wife filed Tr.C.M.P.No.25 of 2019 seeking to withdraw the divorce petition filed by the husband in H.M.O.P.No.511 of 2018, before Sub Court, Tambaram, and transfer the same to I Additional Family Court, Chennai, to be tried along with the O.P.No.4501 of 2018, filed by the wife for restitution of conjugal rights.

2. Likewise, husband filed Tr.C.M.P.No.80 of 2019 seeking to withdraw H.M.O.P.No.511 of 2018 from the file of the Sub Court, Tambaram and transfer the same to the file of I Additional Family Court, Chennai.

3. Heard the submissions made on either side.

4. The learned counsel for the respondent would submit that the respondent/husband has no objection for transferring the case from Sub Court, Tambaram to I Additional Family Court, Chennai.

5. Since the respondent has agreed for transferring the petition filed for divorce, this Court is inclined to transfer the case from Sub Court, Tambaram to the I Additional Family Court, Chennai.

6. Accordingly, H.M.O.P.No.511 of 2018 filed by the respondent/ husband, pending on the file of Sub Court, Tambaram is withdrawn and transferred to the I Additional Family Court, Chennai, to be tried along with O.P.No.4501 of 2018, filed by the wife for restitution of conjugal rights. The learned I Additional Judge, Family Court, Chennai, is directed to renumber H.M.O.P.No.511 of 2018; issue notice to both the parties and dispose of both the petitions, as expeditiously as possible.

7. Both the Transfer Civil Miscellaneous Petitions are disposed of accordingly. No costs. Consequently, connected civil miscellaneous petitions are closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar

TK To 1.The Subordinate Judge, Tambaram.

2.The I Additional Judge, Family Court, Chennai.

+1cc to M/s.A.Arul Mozhi, Advocate sr.no.15942 TR.CMP.NOS.25 AND 80 OF 2019 vd(co) nr 29/03/2019