K.Thirumoorthy v. G.Sumathi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.11.2016

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN Transfer CMP Nos.183 and 196 of 2015, M.P.Nos.1 and 2 of 2015 in Tr.Cmp.No.183 of 2015 and M.P.No.1 of 2015 in Tr.Cmp.No.196 of 2015 K.Thirumoorthy

...Petitioner in Tr.Cmp.No.183/2015 and

Respondent in Tr.Cmp.No.196 of 2015 versus G.Sumathi

...Respondent in Tr.Cmp.No.183/2015 and

Petitioner in Tr.Cmp.No.196 of 2015 PRAYER: Tr.Cmp.No.183/2015 filed under Section 24 of C.P.C., to withdraw HMOP.No.1 of 2015 filed by the respondent herein pending on the file of Hon'ble Principal Sub-Court, Thiruvannamalai and transfer the same to the file of Sub-Court, Kancheepuram to be tried along with pending HMOP No.160 of 2014. Tr.Cmp.No.196/2015 filed under Section 24 of C.P.C., to withdraw and transfer HMOP.No.160 of 2014 on the file of the Subordinate Judge, Kancheepuram to the file of learned Subordinate Judge, Tiruvannamalai, wherein the connected HMOP No.1 of 2015 is pending.

Mr.J.Sundarakanchani : For Petitioner in Tr.Cmp.No.183/2015 and Respondent in Tr.Cmp.No.196 of 2015 Mr.V.Kasiviswanathan : For Respondent in Tr.Cmp.No.183/2015 and Petitioner in Tr.Cmp.No.196 of 2015 C O M M O N O R D E R The petitioner in Tr.Cmp.No.196 of 2015 filed HMOP No.1 of 2015 before the before the Sub-court, Tiruvannamalai, invoking Section 9 of the Hindu Marriage Act. The petitioner in Tr.Cmp.No.183 of 2015 filed HMOP No.160 of 2014 before the SubCourt, Kancheepuram, praying for a decree of nullity with regard to the marriage solemnised between the parties on 07.09.2014. The petitioner in the respective petitions have come up with these petitions for transfer.

2. The learned counsel for the petitioner and the respondent in the respective transfer petitions jointly submitted that the parties would be satisfied, in case, the proceedings are transferred to the Family Court at Vellore. https://hcservices.ecourts.gov.in/hcservices/

3. In view of the consensus arrived at among the parties, the proceedings in HMOP No.1 of 2015 and HMOP No.160 of 2014 are withdrawn from the file of Sub-Court, Tiruvannamalai and Sub-Court, Kancheepuram respectively and are transferred to the file of Family Court, Vellore, for disposal on merits.

4. The Transfer Civil Miscellaneous Petitions are disposed of with the above direction. No costs. Consequently, connected miscellaneous petitions are closed.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar svki To 1.The Subordinate Judge, Kancheepuram 2.The Subordinate Judge, Tiruvannamalai 3.The Judge Family Court, Vellore +2 ccs to M/s.J.Sundara Kanchi Advocate sr 69570 +1 cc to M/s.V.Kasiviswanathan Advocate sr 69418 +1 cc to M/s.V.Kasiviswanathan Advocate sr 69419 Transfer CMP Nos.183 and 196 of 2015 aa22/12/2016 https://hcservices.ecourts.gov.in/hcservices/