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Madras High CourtCONT P/820/2016closed

D,Sadhasivam v. K.S.Senthamarai

2016-03-11Honourable Mr Justice D. Hariparanthaman2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.03.2016

CORAM:

THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN,J. Cont.P.No.820 of 2016 and Sub-Appl.(OS)Nos.102, 103 of 2016 D.Sadhasivam ... Petitioner Vs.

K.S.Senthamarai ... Respondent Petition filed under Section 11 of the Contempt of Courts Act to punish the respondent herein for the willful disobedience of the order passed by this Court in Tr.C.M.P.No.529 of 2015, dated 29.09.2015.

For Petitioner : Mr.N.Senthil Kumar For Respondent : No appearance

O R D E R

This contempt petition is filed for the alleged noncompliance of the order dated 29.09.2015 passed by this Court in Tr.C.M.P.No.529 of 2015.

2. The husband is the petitioner herein who filed Tr.C.M.P.No.529 of 2015 to transfer H.M.O.P.No.441 of 2013 pending on the file of the III Additional Family Court to the II https://hcservices.ecourts.gov.in/hcservices/ Additional Family Court to try along with M.C.No.617 of 2013.

This Court passed an order dated 29-09-2015 for transferring the H.M.O.P.No.441 of 2013 pending on the file of the III Additional Family Court to the II Additional Family Court at Chennai. Both the cases are to be tried by the II Additional Family Court, Chennai.

3. However, I make it clear that it is not a joint trial. The respondent/wife cannot be made to wait for the final disposal of the H.M.O.P., and the claim for her maintenance has to be decided on priority basis. Hence, a direction is issued to the II Additional Family Court Judge to dispose of M.C.No.617 of 2013 as expeditiously as possible.

4.

Accordingly, the contempt petition is disposed of. Consequently, Sub-Applications(OS) Nos.102 and 103 of 2016 are also closed. SD/ DEPUTY REGISTRAR(OS) //Certified to be true copy// Dated at Madras this the day of 2015. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format. CO/5.4.2016 To

1. The II Additional Family Court Judge, Chennai.

2. The III Additional Family Court, Chennai.

https://hcservices.ecourts.gov.in/hcservices/