Madras High CourtTR CMP/134/2019disposed of

S.Sujitha v. P.Subash

2019-10-15Honourable Mrs Justice V.Bhavani Subbaroyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.10.2019 C O R A M THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN TR C.M.P. No.134 of 2019 and C.M.P.No.4588 of 2019 Sujitha ... Petitioner Vs.

P.Subash ... Respondent PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C., to withdraw Original Petition in HMOP. No.1632 of 2018 on the file of the Additional Family Court, Coimbatore and transfer the same to the file of District Court, Vellore District.

For Petitioner : Mr.Raj Thilak E For Respondent : Mr. P.Suresh Babu

O R D E R

This Transfer Civil Miscellaneous Petition has been filed seeking to withdraw Original Petition in HMOP. No.1632 of 2018 on the file of the Additional Family Court, Coimbatore and transfer the same to the file of District Court, Vellore District.

2. The respondent and petitioner are husband and wife. The respondent has filed a petition for dissolution of marriage in H.M.O.P.No.1632 of 2018 before the Additional Family Court, Coimbatore. The petitioner has also filed a maintenance case in M.C.No.14 of 2019 before the Family Court, Vellore.

3. Pending the present transfer petition before this Court, the parties have negotiated between themselves and arrived at a mutually agreeable settlement. As agreed by the parties, the respondent/husband has taken the petitioner/wife to the matrimonial home and that both the respondent/husband and the petitioner/wife are living together happily.

4. Both the parties mutually agreed to withdraw the allegation and counter allegations made against each other and

also agreed for disposal of the respective petitions filed by them. They have also undertook to file a memorandum of Compromise in this regard.

5. The Compromise Memo has been filed by the parties shall form part of the record. In view of the submissions made by both the parties, both H.M.O.P.No.1632 of 2018 on the file of the Additional Family Court, Coimbatore and M.C.No.14 of 2019 on the file of the Family court, Vellore are dismissed as infructuous.

7. With the above observation and direction, this Transfer Civil Miscellaneous Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-VIII) //True Copy// Sub Assistant Registrar rli To

1. The Additional Family Court, Coimbatore.

2. The District Family court, Vellore.

+1cc to Mr.P.Suresh Babu, Advocate, S.R.No. 86243 TR C.M.P. No.134 of 2019 and C.M.P.No.4588 of 2019 RSV(CO) GN(26/11/2019)