Johnson Suresh v. Kavitha

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-09-2015

CORAM

THE HONOURABLE MR. JUSTICE D.HARIPARANTHAMAN Tr.CMP No.573 of 2015 And M.P.No.1 of 2015 Johnson Suresh .. Petitioner Vs.

Kavitha .. Respondent This Transfer CMP is filed under Section 24 of the CPC for a direction to transfer HMOP No.13 of 2008 on the file of Sub-Court, Tuticorin to the Family Court, Chengalpet and to try along with FCOP No.226 of 2015.

For Petitioner : Mr.S.N.Arunkumar

ORDER

The petitioner is the husband and the respondent is the wife.

2. The petitioner-husband filed HMOP No.13 of 2008 under Section 12(1)(c) of Hindu Marriage Act, seeking to declare that the marriage was a nullity, before the Sub Court, Tuticorin.

3. The respondent-wife filed FCOP No.226 of 2015 under Section 13(1)(i-b) of Hindu Marriage Act for divorce, before the Principal Sub Court, Chengalpet.

4. Now the petitioner sought to transfer his HMOP No.13 of 2008 from Sub Court, Tuticorin to Family Court, Chengalpet.

5. Hence, I am of the view that no notice is necessary to the respondent since no prejudice would be caused to the respondent if the HMOP No.13 of 2008, filed by the petitioner, is transferred from the Sub Court, Tuticorin to the Family Court, Chinglepet, wherein the respondent-wife filed her FCOP No.226 of 2015.

6. Accordingly, this Transfer Civil Miscellaneous Petition https://hcservices.ecourts.gov.in/hcservices/

is allowed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Asst.Registrar (CS V ) /true copy/ Sub Asst. Registrar Svn To 1.The Subordinate Judge, The Subordinate Court, Tuticorin.

2.The Judge, The Family Court, Chengalpet.

+1 cc to Mr.W.Camyles Gandhi, Advocates, sr.47066 Tr.CMP No.573 of 2015 ev(co) kra(4/9) https://hcservices.ecourts.gov.in/hcservices/