Madras High CourtTR CMP/330/2015disposed of

A.Maniarasu v. V. Geethanjalai

2015-07-02Honourable Mr Justice N. Kirubakaran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.07.2015 CORAM :

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN Tr. CMP. No. 330 of 2015 and M.P. No. 1 of 2015 A. Maniarasu .. Petitioner ..vs..

V. Geethanjali .. Respondent Transfer Civil Miscellaneous Petition filed under Section 24 of Civil Procedure Code with a prayer to withdraw the case in HMOP No. 70 of 2015 on the file of the learned Family Court Judge, at Erode and transfer the same to the Family Court Judge at Salem.

For petitioner : Mr. R. Asaithambi For Respondent : Mrs.A. Madhumathi

O R D E R

Both the learned counsel on record for the petitioner and the sole respondent are present.

2. The above petition has been filed by the petitioner husband seeking to transfer the HMOP NO. 70 of 2015 on the file of the Family Court, Erode filed by the respondent wife for divorce.

3. The marriage between the parties was conducted on 12.07.2012 and they are living separately for the past more than two years. When the matter is called today, both the parties appeared before this Court and they categorically stated that they do not want to live together and want divorce only. However, the petitioner husband wants the respondent wife not to press the allegations made in the divorce petition against him, for which the respondent wife also agreed. They also filed a joint memo of compromise dated 02.07.2015 to that effect, signed by the petitioner and the sole respondent and their respective learned counsel on record.

4. In view of the above, as no useful purpose would be achieved by keeping the Divorce Petition HMOP No. 70 of 2015 pending at the Family Court, Erode and the said petition is suo motu https://hcservices.ecourts.gov.in/hcservices/

withdrawn under Article 227 of the Constitution of India and a Decree of Divorce by consent under Section 13-B of the Hindu Marriage Act is granted. The above order of Divorce has been passed taking into consideration the young age of the parties and also for the benefit of them. The Joint Compromise Memo shall form part of the records.

5. Therefore, this Transfer Civil Miscellaneous Petition is disposed of, granting a Decree of Divorce in HMOP No. 70/2015. Consequently, the connected Miscellaneous Petition is closed. Sd/- Assistant Registrar True Copy Sub Assistant Registrar avr To 1.The Family Court Judge, Erode.

Tr. CMP. No. 330 of 2015 and M.P. No. 1 of 2015 sai(co) pmk.27.7.2015 https://hcservices.ecourts.gov.in/hcservices/