G.K.Mythili D/O K.G.Mumaravelu v. P.Padmanabhan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.09.2015

CORAM

THE HONOURABLE THIRU JUSTICE D.HARIPARANTHAMAN Tr.C.M.P.No.621 of 2015 & M.P.No.1 of 2015 G.K.Mythili ... Petitioner v.

P.Padmanabhan ... Respondent Tr.C.M.P. filed under section 24 of C.P.C., to withdraw and transfer the HMOP No.86/2011 pending before the Sub-Court, Ponneri tried along with O.P.No.1609 of 2011 on the file of II Additional Family Court, Chennai.

For Petitioner : Mr.S.Chandrasekaran For Respondent : Mr.A.Ramu

O R D E R

The petitioner is the wife of the respondent. While the respondent filed HMOP No.86 of 2011 on the file of Sub-Court, Ponneri for divorce, the petitioner filed O.P.No.1609 of 2011 for restitution of conjugal rights on the file of II Additional Family Court, Chennai.

2. The petitioner has filed the above Transfer C.M.P. to withdraw HMOP No.86 of 2011 from the file of Sub-Court, Ponneri and to transfer the same to the file of II Additional Family Court, Chennai for being tried along with O.P.No.1609 of 2011 filed by the petitioner.

3. In view of section 19(iii-a) of the Hindu Marriage Act, H.M.O.P. may be tried at the place where the wife resides. The respondent has also no serious objection in allowing this application.

4. In these circumstances, I direct for withdrawal of H.M.O.P.No.86 of 2011 from the file of Sub-Court, Ponneri and transfer the same to the file of II Additional Family Court, Chennai to be tried along with O.P.No.1609 of 2011. The learned II Additional Judge, Family Court shall dispose of the petitions by joint trial, within a period of nine months from the date of receipt of a copy of this order.

https://hcservices.ecourts.gov.in/hcservices/

The Transfer C.M.P is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. -s/dAssistant Registrar(CSV) dt:09/10/2015 True Copy Sub-Assistant Registrar To

1. The Sub-Court, Ponneri

2. The II Additional Family Court, Chennai.

+1 cc to Mr.A.Ramu Advocate sr.53895 +1 cc to Mr.S.Chandrasekaran Advocate sr.53278 Tr.C.M.P.No.621 of 2015 sal(co) aa12/10/2015 https://hcservices.ecourts.gov.in/hcservices/