Vidya @ Durga v. P. Arunkumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09-06-2017 CORAM :

THE HONOURABLE MS.JUSTICE V.M.VELUMANI Tr.C.M.P.Nos.194 & 363 of 2017 and C.M.P.Nos.3554 & 7142 of 2017 Vidya @ Durga ... Petitioner in Tr CMP.194/2017 & Respondent in Tr.CMp.363 of 2017 Vs.

P.Arunkumar ... Respondent in Tr.CMP. No.194/2017 & Petitioner in Tr CMP No.363 of 2017 Prayer in Tr.CMP No.194/2017 : Petition filed under Section 24 of the Civil Procedure Code, to withdraw the O.P No.103 of 2016 on the file of Sub Court, Thiruvallur and to transfer the same to Principal Judge, Family Court, Chennai. Prayer in Tr.CMP No.363/2017 : Petition filed under Section 24 of the Civil Procedure Code, to withdraw and transfer the H.M.O.P No.504 of 2017 on the file of Principal Judge, Family Court, Chennai to the file of the Family Court at Tiruvallur to be tried alongwith with HMOP No.103 of 2016 for disposal in accordance with law. For Petitioner : Mr.K.Venkatapathy For Respondent : Mr.J.Saravana Vel

O R D E R

The transfer petition in CRP PD No.194/2017 is filed to withdraw the O.P No.103 of 2016 on the file of Sub Court, Thiruvallur and to transfer the same to Principal Judge, Family Court, Chennai. The transfer petition in Tr.CMP No.363/2017 is filed to withdraw and transfer the H.M.O.P No.504 of 2017 on the file of Principal Judge, Family Court, Chennai to the file of the Family Court at Tiruvallur to be tried alongwith with HMOP No.103 of 2016 for disposal in accordance with law.

2. When the matters are taken up for hearing, both the learned counsel for the petitioner as well as the respondent submitted that both the petitioner and respondent have no objection to transfer HMOP No.504 of 2017 pending on the file of Principal Judge, Family Court, Chennai and HMOP No.103 of 2016 pending on the file of the Family Court at Tiruvallur to Sub Court, Tambaram to be tried together. Both the learned counsel have made endorsements to that effect.

3. Recording the endorsement made by the learned counsel for the petitioner / wife and respondent/husband, without deciding the issue on merits, both the petitions in HMOP No.504 of 2017 pending on the file of Principal Judge, Family Court, Chennai and HMOP No.103 of 2016 pending on the file of the Family Court, Tiruvallur are ordered to be withdrawn and transferred to Sub Court, Tambaram to be tried together. The Presiding Officer, Family Court, Chennai and the Presiding Officer, Family Court, Thiruvallur are directed to transmit all the records pertaining to HMOP No.504 of 2017 and HMOP No.103 of 2016 respectively, to the file of Sub Court, Tambaram, within a period of two weeks from the date of receipt of a copy of this order. On receipt of the records, the Presiding Officer, Sub Court, Tambaram, is directed to dispose of both HMOP Nos.103 of 2016 & 504 of 2017, as expeditiously as possible, in any event, not later than six (6) months from the date of receipt of case bundles from the concerned court.

4. Accordingly, this Transfer Civil Miscellaneous petition is ordered. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar rgr To 1.The Principal Judge, Family Court, Chennai 2.The Family Court, Judge Thiruvallur.

3.The Subordinate Judge, Tambaram.

4.The Subordinate Judge, Thiruvallur +1 cc to Mr.K.Venkatapathy Advocate sr 41216 +1 cc to M/s.J.Saravana Vel Advocate sr 41188 dt 29/08 Tr.C.M.P.Nos.194 & 363 of 2017 kgk(co) aa27/07/2017