Madras High CourtTR CMP/22/2015allowed

P. Karpagam v. V. Senthil Kumar

2016-07-22Honourable Mr Justice C. T. Selvam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.07.2016

CORAM

THE HONOURABLE MR.JUSTICE C.T.SELVAM Tr.CMP.No.22 of 2015 and M.P.No.1 of 2015 and CMP.No.8738 of 2016 P.Karpagam .. Petitioner .Vs.

V.Senthilkumar ..Respondent Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil Procedure Code, 1906, praying to withdraw the petition in HMOP.No.234 of 2010 pending on the file of Sub Court, Tambaram and to transfer the same to the 3rd Additional Family Court, Chennai to be tried along with FCOP.No.2154 of 2014 and Maintenance Case.

For Petitioner : Mr.S.Nambi Arooan For Respondent : Mr.K.Rangarajan

O R D E R

Petitioner has filed the present petition seeking transfer of HMOP.No.234 of 2010 from the file of Sub Court, Tambaram to the file of 3rd Additional Family Court, Chennai.

2. Heard learned counsel for petitioner and learned counsel for respondent.

3. Learned counsel for petitioner submits that petitioner/husband has filed HMOP.No.234 of 2010 on the file of Sub Court, Tambaram, seeking divorce and the respondent/wife has filed FCOP.No.2154 of 2014 on the file of III Additional Family Court, Chennai seeking restitution of conjugal rights. Submitting that it would be desirable to have both the matters tried together, learned counsel prays for transfer of HMOP.No.234 of 2010 pending on the file of sub Court, Tambaram to the file of III Additional Family Court, Chennai. https://hcservices.ecourts.gov.in/hcservices/

4. Considering the submissions made, this Court directs transfer of HMOP.No.234 of 2010 from the file of Sub Court, Tambaram, to the file of III Additional Family Court, Chennai to be tried along with FCOP.No.2154 of 2014. The 3rd Additional Judge, Family Court, Chennai, is directed to dispose of petitions as expeditiously as possible, preferably, within a period of six months from the date of receipt of this order. The Transfer Civil Miscellaneous Petition, accordingly, is ordered. No costs. Consequently, connected Miscellaneous Petitions are closed.

kkd Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar TO

1. THE SUBORDINATE JUDGE, TAMBARAM.

2. THE III ADDITIONAL JUDGE, FAMILY COURT, CHENNAI.

+ 1 CC TO MR.E.SATHIYARAJ, ADVOCATE SR 41856 + 1 CC TO MR.S.NAMI AROORAN, ADVOCATE SR 41793 KR/17/8/16 Tr.CMP.No.22 of 2015 and M.P.No.1 of 2015 and CMP.No.8738 of 2016 https://hcservices.ecourts.gov.in/hcservices/