← Library
Madras High CourtTR CMP/120/2019ordered

R.Hemalatha v. K.Pazhamalai@K.Arun

2019-03-29Honourable Mr Justice M. Govindaraj2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.03.2019 C O R A M THE HONOURABLE MR.JUSTICE M.GOVINDARAJ TR C.M.P. No.120 of 2019 and C.M.P.No.4101 of 2019 R.Hemalatha ... Petitioner Vs.

K.Pazhamalai @ K.Arun ... Respondent PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C., to withdraw the case in H.M.O.P.No.2 of 2019 on the file of the learned Subordiante Court, Tambaram and transfer the same on the file of Sub-Court, Thuraiyur. For Petitioner : Mr.R.Singaravelan Senior Counsel for V.L.Akshai Sajin Kumar.

For Respondent : Mr.V.R.Thangavelu *****

O R D E R

This Transfer Civil Miscellaneous Petition has been filed seeking transfer of H.M.O.P.No.2 of 2019 on the file of the learned Sub-Ordinate Court, Tambaram to the file of Sub-Court, Thuraiyur.

2. The respondent and the petitioner are husband and wife. The petitioner/wife filed a petition in H.M.O.P.No.144 of 2018 on the file of Sub Court, Thuraiyur. The respondent/husband filed a petition in H.M.O.P.No.2 of 2019 on the file of SubOrdinate Judge, Tambaram. Both the petitions are filed under Section 12 (1)(a) of the Hindu Marriage Act, 1955, to declare the marriage as nullity.

3. When the matter is taken up for hearing today, both the parties appeared along with their counsels and filed a joint memo of compromise and submitted that the respective petitions may be ordered in terms of joint memo of compromise. https://hcservices.ecourts.gov.in/hcservices/

4. Both the parties have accepted that they have subscribed their signatures, which were duly attested by the counsel appearing for them. As per the compromise parties withdrew the allegations made against each other and part ways in terms of compromise. Accordingly, both the petitions in H.M.O.P.No.144 of 2018 pending on the file of Sub Court, Thuraiyur and H.M.O.P.No.2 of 2019 pending on the file of Sub-Ordinate Judge, Tambaram are withdrawn and decreed in terms of the above joint memo of compromise.

5. The joint memo of compromise is taken on record and the same shall form a part and parcel of this order.

6. Registry is directed to issue decree and judgment incorporating the memorandum of compromise. The Transfer Civil Miscellaneous Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition stands closed. (*) Xerox copy of Memorandum of compromise is enclosed herewith Sd/- Assistant Registrar (CCC) //True Copy// Sub Assistant Registrar bri To

1. The Sub Court, Thuraiyur.

2. The Sub-Ordinate Judge, Tambaram.

+1 cc to V.L.Akshai Sajin Kumar, Advocate, S.R.No.30611 +1 cc to Mr.V.R.Thangavelu, Advocate, S.R.No.31127 TR C.M.P. No.120 of 2019 and C.M.P.No.4101 of 2019 KS(CO) SSM(03/04/2019).

https://hcservices.ecourts.gov.in/hcservices/