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Madras High CourtTR CMP/295/2024allowed

R. Deepa @ Deepika v. K. Subramanian

2024-08-07Honourable Dr Justice D.Nagarjun4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.08.2024

CORAM

THE HONOURABLE DR.JUSTICE D.NAGARJUN and C.M.P.Nos. 6007 & 7262 of 2024 Tr.C.M.P.No. 295 of 2024 R.Deepa @ Deepika

...Petitioner

Vs.

K.Subramanian .. Respondent Tr.C.M.P.No. 351 of 2024 K.Subramanian

...Petitioner

Vs.

R.Deepa @ Deepika

...Respondent

Prayer in Tr.C.M.P.No. 295 of 2024 : The Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the H.M.O.P.No. 342 of 2023 pending on the file of the Subordinate Judge at Ambattur and transfer the same to the IV Additional Family Court, Chennai.

Prayer in Tr.C.M.P.No. 351 of 2024 : The Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the H.M.O.P.No. 342 of 2023 pending on the file of the SubCourt, Ambattur and transfer the same to the file of the IV Additional Page No 1 of 4

Family Court, Chennai to be tried along with M.C.No. 582 of 2023. Tr.C.M.P.No. 295 of 2024 For Petitioner : M/s.K.Sridevi For Respondent : Mr.L.Rajasekar Tr.C.M.P.No. 351 of 2024 For Petitioner : Mr.L.Rajasekar For Respondent : M/s.K.Sridevi COMMON ORDER Transfer C.M.P. No. 295 of 2024 is filed by the wife against the husband seeking to transfer H.M.O.P.No. 342 of 2023, which is filed by the petitioner seeking divorce pending on the file of Subordinate Court, Ambattur to IV Additional Family Court, Chennai.

2. On the other hand, the respondent/husband is also filed transfer C.M.P.No. 351 of 2024 seeking to transfer H.M.O.P.No.342 of 2023 pending on the file of Subordinate Court, Ambattur to IV Additional Family Court, Chennai.

3. The wife has filed H.M.O.P.No.342 of 2023 on the file of Sub Court, Ambattur seeking divorce and wife seeks transfer of H.M.O.P.No. 342 of 2023 pending on the file of Subordinate Court, Ambattur to IV Page No 2 of 4

Additional Family Court, Chennai. Similarly, the husband who has filed transfer C.M.P.No.351 of 2024 is also for transfer of the same H.M.O.P.No. 342 of 2023, pending on the file of Subordinate Court, Ambattur to IV Additional Family Court, Chennai. Since, both the wife and the husband are filed two separate transfer C.M.Ps to transfer H.M.O.P.No. 342 of 2023 to the Family Court, Chennai, same can be considered.

4. Considering the submission made by both sides and on perusal of records, these petitions are allowed withdrawing H.M.O.P.No. 342 of 2023 pending on the file of Subordinate Court, Ambattur and transferred to IV Additional Family Court, Chennai. The learned judge of the Subordinate Court, Ambattur is directed to dispatch the entire case records pertaining to H.M.O.P.No. 342 of 2023 duly indexed to the IV Additional Family Court, Chennai as quickly as possible. Consequently, connected miscellaneous petitions are also closed. No costs.

07.08.2024 Index:Yes/No Speaking Order :Yes/No nsl Page No 3 of 4

DR. D.NAGARJUN ,J.

nsl To

1. The Subordinate Court, Ambattur.

2. The IV Additional Family Court, Chennai.

and C.M.P.Nos. 6007 & 7262 of 2024 07.08.2024 Page No 4 of 4