R.Brindha v. S.Raja

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 04.10.2016

CORAM:

THE HON'BLE MR.JUSTICE K.K. SASIDHARAN Tr.C.M.P.Nos.525 of 2015 & 114 of 2016 and M.P. No.1 of 2015 in Tr.C.M.P.No.525 of 2015 and and C.M.P. No.2573 of 2016 in Tr.C.M.P.No.114 of 2016 R. Brindha .. Petitioner in Tr.C.M.P.No.525 of 2015 S. Raja .. Petitioner in Tr.C.M.P.No.114 of 2016 Vs.

S. Raja .. Respondent in Tr.C.M.P.No.525 of 2015 Brinda .. Respondent in Tr.C.M.P.No.114 of 2016 Prayer in Tr.C.M.P. 525 of 2015: This petition has been filed under section 24 of C.P.C., to withdraw the G.W.O.P.No.23 of 2015, pending on the file of Principal District Judge, Erode and to transfer the same to Principal District Judge, Coimbatore. Prayer in Tr.C.M.P.114 of 2016: This petition has been filed under section 24 of C.P.C., to withdraw the H.M.O.P.No.11 of 2012, pending on the file of the Subordinate Court, Sathyamangalam and to transfer the same to the file of the Family Court, Coimbatore.

Tr.C.M.P. 525 of 2015 For Petitioner : Mr.A.Maheshnath for G. Sankaran For Respondent : Mr.V.Bhagyaraj Tr.C.M.P.114 of 2016 For Petitioner : Mr.N.Chinnaraj For Respondent : Mr.A.Maheshnath

COMMON ORDER These two proceedings have been initiated at the instance of the petitioner in H.M.O.P.No.11 of 2012 (Tr.C.M.P.No.114 of 2016) and the petitioner in M.C.No.7 of 2012 (Tr.C.M.P.No.525 of 2015) on the file of the Judicial Magistrate Court, Mettupalayam.

2.The petitioner in Tr.C.M.P.No.114 of 2016 seeks transfer of the proceeding in H.M.O.P.No.11 of 2012 from the file of the Subordinate Court, Sathyamangalam to the file of the Family Court at Coimbatore. The said proceeding was initiated by the husband.

3.The petitioner in Tr.C.M.P.No.525 of 2015 seeks transfer of the proceeding in G.W.O.P. No. 23 of 2015 from the file of the Principal District Court, Erode to the file of the Principal District Court, Coimbatore. The said proceeding was initiated by the husband.

4.In the mean time, the wife has filed a proceeding in M.C.No.7 of 2012 on the file of the Sub Court, Mettupalayam, seeking maintenance.

5.There are three proceedings now pending between the parties. The prayer in H.M.O.P.No.11 of 2012 pending on the file of the Sub Court, Sathyamangalam is to grant a decree of divorce.

6.G.W.O.P. No. 23 of 2015 has been filed by the husband and the prayer is to grant custody of the minor to him. By way of these two proceedings, the concerned petitioners seek transfer of the proceedings to the Court at Coimbatore. 7.The petitioners have arrived at a consensus, in and by which, they have agreed to transfer all the pending proceedings to a Court at Coimbatore.

8.In view of the settlement arrived at between the parties, the proceedings in H.M.O.P.No.11 of 2012 is withdrawn from the file of the Sub Court, Sathyamangalam and is transferred to the file of the Family Court at Coimbatore. 9.The proceedings in G.W.O.P. No. 23 of 2015 is withdrawn from the file of the Principal District Court, Erode and is transferred to the file of the Family Court at Coimbatore. 10.The proceedings in M.C.No.7 of 2012 is withdrawn from the file of the Judicial Magistrate Court, Mettupalayam and is transferred to the file of the Family Court at Coimbatore.

11.The Transfer Civil Miscellaneous Petitions are disposed of as indicated above. No costs. Consequently, connected miscellaneous petitions are closed. jbm Sd/- Assistant Registrar (CS- ) /TRUE COPY/ Sub-Assistant Registrar To

1. The Principal District Judge, Erode.

2. The Family Court, Coimbatore.

3. The Subordinate Court, Sathyamangalam.

4. The Judicial Magistrate Court, Mettupalayam.

5. The Principal District Judge, Coimbatore +1 CC Mr.N.Chinnaraj Advocate SR.No.57121 +1 CC Mr.V.Bhagyaraj Advocate SR.No.57254 +1 CC Mr.G. Sankaran Advocate SR.No.57221 Transfer C.M.P.Nos.525 of 2015 & SSI MSI 12/11/2016