Mahalakshmi v. K.V.Kumaresan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.06.2017 CORAM :

THE HONOURABLE MS. JUSTICE V.M.VELUMANI Tr.C.M.P. Nos.210, 211 and 393 of 2017 and C.M.P.Nos.3878, 3879 and 7787 of 2017 Mahalakshmi ... Petitioner in Tr CMPs.210,211/17 Respondent in Tr.CMP 393/17 Vs.

K.V.Kumaresan ... Respondent in Tr CMPs 210,211/17 Petitioner in Tr CMP 393/17 Petitions have been filed under Section 24 of C.P.C., with the following prayers:

Prayer in Tr CMP 210/17:-to withdraw G.W.O.P No.7 of 2016, pending on the file of the Principal District Court, Vellore and transfer the same to Family Court, Chennai.

Prayer in Tr CMP 211/17:-to withdraw F.C.O.P No.245 of 2016, pending on the file of the Family Court, Vellore and transfer the same to Family Court, Chennai.

Prayer in Tr CMP 393/17:-to withdraw H.M.O.P No.538 of 2017, pending on the file of the II Additional Family Court, Chennai and transfer the same to Family Court, Vellore. Mr.N.R.Chandran, SC for Mr.M.Aravindan in TR CMP.210 & 211/2017 & Respondent in TR CMP.No.393/17 Mr.S.Navaneetha Krishnan, SC for Mr.S.G.Ramesh Kumar Petitioner in TR CMP.No.393/2017, and Respondent in TR CMP.No.210 & 211/2017

O R D E R

Tr.C.M.P.No.210 of 2017 is filed by the petitioner/wife for transferring G.W.O.P No.7 of 2016, filed by the respondent/husband seeking for the custody of minor son, pending on the file of the Principal District Court, Vellore to Family Court, Chennai.

2. Tr.C.M.P.No.211 of 2017 is also filed by the wife seeking transfer of F.C.O.P No.245 of 2016, filed by the respondent/husband for divorce, pending on the file of the

Family Court, Vellore to the Family Court, Chennai.

3. The respondent/husband filed Tr.C.M.P.No.393 of 2017 to transfer H.M.O.P No.538 of 2017, filed by the petitioner/wife for restitution of Conjugal Rights, pending on the file of the II Additional Family Court, Chennai to Family Court, Vellore.

4. The learned Senior Counsel appearing for the petitioner/wife and the learned Senior Counsel appearing for the respondent/husband agreed for transfer all the three matters to one and the same Court at Chengalpattu and on instructions given by the parties, they pray for transfer of the cases to the Family Court, Chengalpattu. The wife is present before this Court and she has also agreed for the same.

5. Having regard to the submissions made by the learned Senior counsels appearing for the petitioner and respondent to transfer all the three cases, namely G.W.O.P No.7 of 2016, pending on the file of the Principal District Court, Vellore, F.C.O.P No.245 of 2016, pending on the file of the Family Court, Vellore and H.M.O.P No.538 of 2017, pending on the file of the II Additional Family Court, Chennai, to the Family Court, Chengalpattu, the learned Principal District Judge, Vellore, the learned Judge of the Family Court, Vellore, and II Additional Judge, Family Court, Chennai are directed to transmit all the records pertaining to G.W.O.P No.7 of 2016 and F.C.O.P No.245 of 2016 and HMOP No.538 of 2017 to the file of the Family Court, Chengalpattu, within a period of two weeks from the date of receipt of a copy of this order. The learned Judge, Family Court, Chengalpattu is directed to dispose of all the three cases within a period of two months from the date of receipt of the case bundles.

6. Accordingly, these Transfer Civil Miscellaneous petitions are ordered. No costs. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar jv

To

1. The Principal District Judge, Vellore.

2 The Presiding Officer Family Court, Vellore.

3.The II Additional Judge Family court Chennai 4.The Presiding Officer Family Court Chengalpattu +3 ccs to Mr.S.G.Rameshkumar Advocate sr 45735 45133 & 45134 +2 cc to Mr.M.Aravindan Advocate sr 45213 Tr.C.M.P. Nos.210, 211 and 393 of 2017 rv(co) aa20/07/2017