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Madras High CourtCRP/338/2022allowed

Gnanakalyani v. Senthil Kumar Elangovan

2022-02-17Honourable Ms. Justice P.T. Asha4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.02.2022 C O R A M THE HONOURABLE Ms. JUSTICE P.T. ASHA C.R.P.(PD).No.338 of 2022 and C.M.P.No.1771 of 2022 G.Gnanakalyani

...Petitioner/Petitioner

-VDr.Senthil Kumar Elangovan

...Respondent/Respondent

Prayer: Petition filed under Article 227 of the Constitution of India, to set aside the fair and decretal order dated 23/12/2021 passed in Tr.OP. No.5151 of 2021 in O.P.No.3579 of 2015 on the file of the Principal Family Court Chennai.

For Petitioner : Ms.S.P.Arthi For Respondent :M/s Arulmozii for CAVEATROR 1/4

ORDER

The Caveator has also consented that the proceedings in H.M.O.P.No.3579 of 2015, now pending on the file of the IV Additional Family Court, Chennai can be withdrawn and transferred to the file of the II Additional Family Court, Chennai.

2. Both the counsels state that the application for transfer had been filed after the cross-examination of the petitioner/husband had been completed and the matter was posted for recording the evidence of the respondent/wife. Therefore, the matter shall be taken up by the II Additional Family Judge, from the stage of the examination of chief of the petitioner.

3. It is also stated that an application has been moved for enhancement of maintenance, the learned Judge shall first proceed with the recording of evidence of the 2/4

respondent/wife. The parties shall be present before the II Additional Family Judge on 28.02.2022, on which date the chief examination of the respondent/wife shall commence.

4. The Cross examination and recording of evidence of the respondent shall be completed within a period of 15 days from the date on which it commenced i.e., from 28.02.2022. Only after the completion of the recording of evidence, the learned Judge shall proceed to hear the application for enhancement of maintenance. No costs, consequently, the connected miscellaneous petition is closed.

17.02.2022 Index : Yes/No Internet : Yes/No shr (Note: Issue Order copy tomorrow i.e., on 18.02.2022.) To Principal Family Court Chennai.

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P.T. ASHA, J, shr C.R.P.No.338 of 2022 in C.M.P.No.1771 of 2022 17.02.2022 4/4