S. Vinodh Khanna v. B. Nivedha

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.06.2017 CORAM :

THE HONOURABLE MS. JUSTICE V.M.VELUMANI Tr.C.M.P. No.305 of 2017 and C.M.P.No.5790 of 2017 and Tr.C.M.P. No.350 of 2016 and C.M.P.No.9493 of 2016 S. Vinodh Khanna ... Petitioner (in Tr.C.M.P.No.305 of 2017) and Respondent (in Tr.C.M.P.No.350 of 2016) Vs.

B. Nivedha ... Respondent (in Tr.C.M.P.No.305 of 2017)and Petitioner (in Tr.C.M.P.No.350 of 2016) PRAYER:- Tr.C.M.P.No.305 of 2017 Petition has been filed under Section 24 of C.P.C., to withdraw F.C.O.P.No.109 of 2017 from the file of the Family Court, Salem and transfer the same to the file of the Sub Court, Tambaram. Tr.C.M.P.No.350 of 2016 Petition has been filed under Section 24 of C.P.C., to withdraw H.M.O.P.No.133 of 2016 from the file of the Sub Court, Tambaram and transfer the same to the file of the Family Court, Salem. For Petitioner : M/s.C.Shyaamala (in Tr.C.M.P.No.305 of 2017) and Respondent (in Tr.C.M.P.No.350 of 2016) For Respondent : Mr.V.Sekar (in Tr.C.M.P.No.305 of 2017)and Petitioner (in Tr.C.M.P.No.350 of 2016)

O R D E R

Petition in Tr.C.M.P.No.305 of 2017 is filed by the husband to withdraw F.C.O.P.No.109 of 2017 from the file of the Family Court, Salem and transfer to the file of the Sub Court, Tambaram.

2. Petition in Tr.C.M.P.No.350 of 2016 is filed by the wife to withdraw H.M.O.P.No.133 of 2016 from the file of the Sub

Court, Tambaram, and transfer to the file of the Family Court, Salem.

3. The marriage between the petitioner and respondent was conducted on 12.11.2014 as per Hindu rites and customs. Due to difference of opinion between them, they are living separately. Therefore, wife filed F.C.O.P.No.109 of 2017 on the file of the Family Court, Salem. The husband filed H.M.O.P.No.133 of 2016 on the file of the Sub Court, Tambaram.

4. When these petitions are taken up for hearing, the learned counsel for the petitioner and respondent have made endorsement stating that both the petitioner and respondent have no objection to transfer the cases to the file of learned III Additional District and Sessions Judge, Virudhachalam.

5. Recording the endorsement made by both the learned counsel for the petitioner and respondent, without deciding the issue on merits, the petitions in F.C.O.P.No.109 of 2017 and H.M.O.P.No.133 of 2016 is ordered to be withdrawn from the file of the Family Court, Salem and Sub Court, Tambaram and transferred to the file of learned III Additional District and Sessions Judge, Virudhachalam. The Family Court, Salem and Sub Court, Tambaram, are directed to transmit all the records pertaining to F.C.O.P.No.109 of 2017 and H.M.O.P.No.133 of 2016 to the file of the III Additional District and Sessions Judge, Virudhachalam, within a period of two weeks from the date of receipt of a copy of this order.

6. Accordingly, this Transfer Civil Miscellaneous petitions are ordered. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar gv/ssd

To 1.The Family Court, Salem 2.The Sub-Court, Tambaram

3. III Additional District and Sessions Judge, Virudhachalam.

+2 ccs to M/s.V.Sekar Advocate sr 42468 & 42469 +4 ccs to M/s.Shyaamala & Sivakumar Advocate sr43986 dt 27/06/2017 Tr.C.M.P. No.305 of 2017 and Tr.C.M.P. No.350 of 2016 aa22/06/2017