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Madras High CourtTR CMP/64/2015ordered

Revathi v. B. Gopinathan

2015-11-26Honourable Ms. Justice R.Mala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.11.2015 CORAM :

THE HONOURABLE MS. JUSTICE R.MALA Tr.C.M.P. No.64 of 2015 and M.P.No.1 of 2015 Revathi ... Petitioner Vs.

B.Gopinathan ... Respondent Prayer:- Petition has been filed under Section 24 of C.P.C., to withdraw O.P.No.178 of 2014 from the file of the Sub-Court, Kancheepuram and transfer the same to the file of the SubCourt, Poonamallee and to try along with O.P.No.477 of 2014 which is pending on its file.

For Petitioner : Mr.V.Karnan For Respondent : Mr.T.Sathyamoorthy

O R D E R

The wife, who is the respondent in O.P.No.178 of 2014, has come forward with this petition to transfer the same from the file of the Sub-Court, Kancheepuram to the file of the Sub-Court, Poonamallee and to try along with O.P.No.477 of 2014, which is pending on its file.

2.Learned counsel for the petitioner submitted that the petitioner/wife has filed a divorce petition in O.P.No.477 of 2014 on the file of the Sub-Court, Poonamallee. The respondent/husband has also filed a petition in O.P.No.178 of 2014 on the file of the Sub-Court, Kancheepuram for divorce. He further submitted that the petitioner/wife is residing in Poonamallee along with her mother. Therefore, she prays that the petition in O.P.No.178 of 2014 may be transferred from the file of the Sub-Court, Kancheepuram to the file of the SubCourt, Poonamallee and may be tried along with O.P.No.477 of 2014.

3.Learned counsel for the respondent submitted that he has no objection to transfer the petition as sought for by the petitioner. It is admitted by both sides that as per the order of this Court dated 18.03.2015, medical expenses has been paid to the petitioner/wife. At this juncture, both sides counsel sought for early disposal of the petitions.

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4.Recording the no objection made by the learned counsel for the respondent, the petition in O.P.No.178 of 2014 is ordered to be withdrawn from the file of the Sub-Court, Kancheepuram and transferred to the file of the Sub-Court, Poonamallee and tried along with O.P.No.477 of 2014. The Presiding Officer, Sub-Court, Kancheepuram, is directed to transmit all the records pertaining to O.P.No.178 of 2014 to the file of the Sub-Court, Poonamallee, within a period of two weeks from the date of receipt of a copy of this order. The Presiding Officer, Sub-Court, Poonamallee, is directed to dispose of both the petitions jointly within a period of six months from the date of receipt of the material papers. 5.Accordingly, this Transfer Civil Miscellaneous petition is ordered. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar kj To 1.The Sub-Court, Kancheepuram.

2.The Sub-Court, Poonamallee.

+ 1 cc to Mr.V. Kuannan, Advocate Sr.64309 Tr.C.M.P. No.64 of 2015 and M.P.No.1 of 2015 SV(CO) EU 14.12.15 https://hcservices.ecourts.gov.in/hcservices/