V.Nivithaa Shari v. V.Karthikeyan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.04.2024

CORAM

THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN TR.C.M.P.No. 369 of 2024 V. Nivithaa Shri ..Petitioner Vs.

V. Karthikeyan ..Respondent Prayer:

Transfer C.M.P. under Section 24 of Code of Civil Procedure to withdraw and transfer the matrimonial case in H.M.O.P. No. 22 of 2023 pending on the file of Hon'ble Subordinate Court, Poonamallee to the file of Hon'ble I Additional Family Court, Chennai.

For Petitioner ::

Mr.L. Rajasekar For Respondent ::

Ms.R. Saritha

O R D E R

The wife is the Petitioner. The respondent/husband has initiated 1\4

proceedings in H.M.O.P. No. 22 of 2023 on the file of Sub court at Poonamallee for divorce. After having been served with the summons by the Sub Court, Poonamallee, the petitioner/wife has moved a petition for divorce in O.P. No. 1962 of 2023 on the file of Family Court at Chennai. 2.

A perusal of the records shows that the respondent/husband is a permanent resident of Parithipattu in Thiruvallur District. The petitioner/wife is a resident of Taramani, which is far from Chennai compared to Poonamallee. Apart from that, it is the petitioner/wife, who had initiated proceedings subsequent to the proceedings initiated by the respondent/husband.

3.

Therefore, taking into account the interest of both parties, O.P. No. 1962 of 2023 pending on the file of I Additional Family Court, Chennai is withdrawn and transferred to the file of learned Subordinate Judge, Poonamallee to be heard and tried along with H.M.O.P. No. 22 of 2023. 4.

The transfer C.M.P. stands disposed of accordingly. No costs. 30.04.2024 nv To 2\4

1.

The Sub Court, Poonamallee.

2.

The I Addl. Family Court, Chennai.

V. LAKSHMINARAYANAN,J.

nv 3\4

30.04.2024 4\4