Madras High CourtTR CMP/411/2023disposed of

R. Gnana Soundari v. T. Yesuraj

2023-04-24Honourable Dr Justice D.Nagarjun4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.04.2023

CORAM

THE HONOURABLE DR.JUSTICE D.NAGARJUN Tr.C.M.P.No.411 of 2023 and Cr.M.P.No.8978 of 2023 R.Gnana Soundari ... Petitioner Vs.

T.Yesuraj ... Respondent Prayer:- Petition has been filed under Section 24 of C.P.C., to withdraw I.D.O.P.No.1754 of 2019 along with the other interim applications from the file of Principal Family Court, Chennai and transfer to some other Additional Family Court, Chennai.

For Petitioner : Ms.Shaikh Mehrunnisa Kasim

O R D E R

This petition is filed seeking to withdraw and transfer I.D.O.P.No.1754 of 2019 from the file of the Principal Family Court, Chennai to the file of the Additional Family Court, Chennai. Page No.1/4

2. Heard Ms.Shaikh Mehrunnisa Kasim, learned counsel appearing for the petitioner and perused the records.

3.The learned counsel appearing for the petitioner submits that the learned Judge of the Family Court, Chennai has stated to have told the parties across the bench that Court will hear and dispose of the main case itself within two months, thereby, there is no need for insistence for disposal of the interlocutory applications pending in I.D.O.P.No.1754 of 2019. Learned counsel for the petitioner submits that petitioner filed three applications one for visitation rights, other for return of articles and finally, the third application is for grant of alimony. The question of deciding alimony can certainly be taken up along with the main petition. However, so far as return of jewels or visitation rights are concerned, they cannot be taken along with the main petition, as when the main petition in I.D.O.P.No.1754 of 2019 is disposed of, there is every likelihood that these three applications will be closed along with the main petition. Page No.2/4

4. Considering the circumstances, this revision petition is disposed of with a direction to the learned Judge, Principal Family Court, Chennai to take up the hearing of the two interlocutory applications filed for return of the articles and visitation right in I.A.No.2 of 2020 and I.A.Sr.No.3186 of 2023 and try to dispose of them. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. 24.04.2023 Index:Yes/No Speaking Order:Yes/No ms To

1. The Principal Family Court, Chennai.

2. The Additional Family Court, Chennai.

Page No.3/4

DR.D.NAGARJUN , J., ms Tr.C.M.P.No.411 of 2023 and Cr.M.P.No.8978 of 2023 24.04.2023 Page No.4/4