K.Prem Kumar v. Dr.N.Lakshmi Surya

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.04.2024

CORAM:

THE HONOURABLE Mr.JUSTICE V.LAKSHMINARAYANAN and TR.CMP.No.29 of 2024 and CMP.Nos.6112 & 793 of 2024 TR.CMP.No.305 of 2024 :

K.Prem Kumar ... Petitioner Vs Dr.N.Lakshmi Surya ... Respondent Prayer in TR.CMP.No.305 of 2024: Transfer Civil Miscellaneous Petition filed under Section 24 of CPC praying to withdraw the petition in H.M.O.P.No.270 of 2023 on the file of Subordinate Court at Tambaram and transfer the same to the file of Principal Family Court at Chennai. TR.CMP.No.29 of 2024 :

Dr.N.Lakshmi Surya ... Petitioner Vs K.Prem Kumar ... Respondent 1/5

Prayer in TR.CMP.No.29 of 2024: Transfer Civil Miscellaneous Petition filed under Section 24 of CPC praying to withdraw and transfer H.M.O.P.No.152 of 023 pending on the file of learned Subordinate Court at Attur to Subordinate Court at Tambaram, to be heard and tried along with H.M.O.P.no.270 of 2023 TR.CMP.No.305 of 2024 :

For Petitioner : Mr.V.M.Venkataramana For Respondent : Mr.N.Kishore Kumar TR.CMP.No.29 of 2024 :

For Petitioner : Mr.N.Kishore Kumar For Respondent : Mr.V.M.Venkataramana COMMON ORDER Tr.CMP.No.305 of 2024 has been filed by the husband seeking withdrawal of H.M.O.P.No.270 of 2023 filed by the wife before the Sub Court, Tambaram, and to transfer it to Principal Family Court, Chennai.

2. Tr.CMP.No.29 of 2014 has been filed by the wife seeking 2/5

withdrawal of H.M.O.P.No.152 of 2023 filed by her husband before the Subordinate Court at Attur, and to transfer it to be tried along with HMOP.No.270 of 2023, pending before Subordinate Court at Tambaram.

3. When the matter was taken up for hearing, the counsel on either side agreed that they have no objection if the proceedings in H.M.O.P.No.270 of 2023 now pending before Sub Court at Tambaram and H.M.O.P.No.152 of 2023 pending before Sub Court, Attur are withdrawn and transferred to Family Court at Chennai.

4. In the light of the opinion expressed by both sides, H.M.O.P.No.270 of 2023 pending before Sub Court at Tambaram and H.M.O.P.No.152 of 2023 pending before Sub Court, Attur are withdrawn and transferred to Family Court at Chennai. The transferee Court need not insist upon the appearance of the parties for all the hearings. The parties are required to be present only for indispensable hearings, and for other procedural hearings, they shall be represented through their counsel. 3/5

5. With the aforesaid directions, both the transfer civil miscellaneous petitions stand allowed. No costs. Consequently, the connected miscellaneous petitions are closed.

23.04.2024 Index:Yes/No Internet:Yes/No Speaking order/Non-speaking order ds To:

1.The Sub Judge, Tambaram 2.The Sub Judge, Attur 3.The Judge, Family Court, Chennai.

4.The Section Officer VR Section, High Court, Madras.

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V.LAKSHMINARAYANAN,J.

ds and TR.CMP.No.29 of 2024 23.04.2024 5/5