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Madras High CourtTR CMP/384/2017dismissed

G.Mercy Priya v. S.Charles Arun Nehru

2017-10-31Honourable Mrs Justice Pushpa Sathyanarayana3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.10.2017

CORAM

THE HONOURABLE Mrs. JUSTICE PUSHPA SATHYANARAYANA Tr.CMP.Nos.384 & 486 of 2017 and C.M.P.Nos.7505 & 10055 of 2017 G.Mercy Priya ... Petitioner in Tr.C.M.P.384 of 2017 S.Charles Arun Nehru ... Petitioner in Tr.C.M.P.486 of 2017

Versus

S.Charles Arun Nehru ... Respondent in Tr.C.M.P.384 of 2017 G.Mercy Priya ... Respondent in Tr.C.M.P.486 of 2017 Prayer in Tr.CMP.No.384 of 2017: Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, praying to withdraw the F.C.I.D.O.P.No.35 of 2017 pending on the file of Family Court, Chengalpattu and to transfer the same to the file of Hon'ble Principal District Court at Villupuram, to try along with the I.D.O.P.No.40 of 2017. Prayer in Tr.CMP.No.486 of 2017: Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, praying to withdraw the I.D.O.P.No.40 of 2017 pending on the file of Hon'ble Principal District Court at Villupuram and to transfer the same to the file of Family Court, Chengalpattu, to try along with the F.C.I.D.O.P.No.35 of 2017.

For Petitioner in Tr.C.M.P.No.384 of 2017 : Mr.Ravichandran Sundaresan in Tr.C.M.P.No.486 of 2017 : Mr.S.Thanka Sivan For Respondent in Tr.C.M.P.No.384 of 2017 : Mr.S.Thanka Sivan in Tr.C.M.P.No.486 of 2017 : Mr.Ravichandran Sundaresan C O M M O N O R D E R Tr.C.M.P.No.384 of 2017 is filed by the wife seeking to withdraw F.C.I.D.O.P.No.

the file of Hon'ble Principal District Court at Villupuram, to try along with the I.D.O.P.No.40 of 2017, filed by the wife.

2. Tr.C.M.P.No.486 of 2017 is filed by the husband seeking to withdraw the I.D.O.P.No.40 of 2017 pending on the file of Hon'ble Principal District Court at Villupuram and to transfer the same to the file of Family Court, Chengalpattu, to try along with the F.C.I.D.O.P.No.35 of 2017.

3. The petitioner and respondent in both the petitions are the husband and wife and the transfer CMPs are filed by the parties vice versa seeking e transfer from one Court to another Court.

4. This Court, by an order dated 18.08.2017, has referred the matter to Mediation Centre and the parties have arrived at an settlement in the Mediation Centre. A report to that effect, from the Mediation Centre dated 24.10.2017, along with Joint Memo of compromise has been received. Clause 24 of the Joint Memo of compromise is read as follows.

"24.The parties hereto shall genuinely and honestly endeavor to get their marriage dated 18.11.2015 legally dissolved as expeditiously as possible through Court of Law at Chengalpattu. The wife hereby agrees that she has no objection for the IDOP.No.40 of 2017 pending on the file of the Principal District Court, Villupuram to be transferred to the file of Family Court, Chengalpattu and to be tried along with FCIDOP.No.35 of 2017".

5. Recording the said Memo of Compromise, this Court feels that I.D.O.P.No.40 of 2017 pending on the file of Hon'ble Principal District Court, Villupuram, has to be transferred to the Family Court, Chengalpattu, to try along with the F.C.I.D.O.P.No.35 of 2017.

6. In the result, the Tr.CMP.No.486 of 2017 is disposed of in terms of Joint Memo of Compromise and the I.D.O.P.No.40 of 2017 pending on the file of Hon'ble Principal District Court, Villupuram, is withdrawn and transferred to the Family Court, Chengalpattu, to try along with the F.C.I.D.O.P.No.35 of 2017 and the Tr.C.M.P.No.384 of 2017 stands dismissed. No costs. Consequently, the connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar

raja/arr To

1. The Family Court, Chengalpattu.

2. The Hon'ble Principal District Court, Villupuram.

+1cc to Mr.S.Thankasivam, Advocate, S.R.No.76976 +1cc to Mr.Ravichandran Sundaresan, Advocate, S.R.No.76917 Tr.CMP.Nos.384 & 486 of 2017 and C.M.P.Nos.7505 & 10055 of 2017 AR(CO) CA(21/11/2017)