Vikas Gotham v. Shiwani Chopra Surendra Chopra

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated :03.07.2025

CORAM:

THE HON'BLE MR. JUSTICE P.B. BALAJI C.R.P.No.2067 of 2024 and CMP No.11056 of 2024 Vikas Gotham ... Petitioner vs 1.Mrs.Shiwani Chopra Surendra Chopra 2.Kochar Aarav (Minor) Rep by his mother Mrs.Shiwani Chopra Surendra Chopra .. Respondents Revision filed under Article 227 of the Constitution of India to direct the VI Additional Family Court, Chennai to club together and try together MC No.93 of 2019 and OP No.5661 of 2023.

For Petitioner : Mr.K.Santhakumar For Respondents : Mr.V.Kamalakumar

ORDER

The revision is preferred against the dismissal of Transfer O.P.No.1104 of 2024 before the Principal Family Court, Chennai seeking transfer of OP No.5661 of 2023 to the file of VI Additional Family Court, Chennai to be tried along with M.C.No.93 of 2019.

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2. Learned counsel for the petitioner would state that in the interest of both the parties, M.C.No.93 of 2019 as well as OP No.5661 of 2023 have to be jointly tried and they are already before the same Court and therefore, no serious prejudice would be caused to the respondents if joint trial is ordered.

3. Per contra, learned counsel for the respondents would state that M.C.No.93 of 2019 was filed in the year 2019 and it is already in a part-heard stage and the petitioner is also in huge arrears of interim maintenance and OP No.5661 of 2023 was filed in the year 2023 and trial is yet to commence.

4. I have heard the submissions advanced by the learned counsel on either side and have perused the order passed by the Family Court entertaining the request made by the petitioner.

5. As contended by the learned counsel for the first respondent, M.C.No.93 of 2019 is already in a part-heard stage viz., cross examination of P.W.1 and trial is yet to commence in OP No.5661 of 2023, in the interest of both the parties, to avoid further delays, the learned Judge, VI Additional Family Court, Chennai shall simultaneously try both M.C.No.93 of 2019 and 2/4

O.P.No.5661 of 2023.

6. Accordingly, the learned Judge, VI Additional Family Court shall expedite both M.C.No.93 of 2019 and OP No.5661 of 2023 and dispose of the same on merits and in accordance with law on or before 31.01.2026.

7. In the result, the civil revision petition is partly allowed. No costs. Consequently, connected miscellaneous petition is closed. 03.07.2025 Index: Yes/No Website:yes/no Speaking Order/Non-speaking Order sr To The VI Additional Family Court, Chennai.

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P.B.BALAJI.,J.

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