P.Nathiya v. B.S.Raj Thilak

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :.28.08.2023 CORAM :

THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN and C.M.P.No.12321 of 2023 P.Nathiya

...Petitioner

.Vs.

B.S.Raj Thilak

...Respondent

Prayer: This Transfer Civil Miscellaneous Petition is filed under Article 24 of the C.P.C, to withdraw G.W.O.P.No.835 of 2021 on the file of the Principal District Court at Tiruvallur and transfer the same to the VI Additional Family Court at Chennai.

For Petitioners : Mr.Thiyagarajan

ORDER

This petition is filed to withdraw G.W.O.P.No.835 of 2021 on the file of the Principal District Court at Tiruvallur and transfer the same to the VI Additional Family Court at Chennai.

2. Today when the matter is taken up for hearing, the learned counsel for the petitioner submitted that the parties has entered into an agreement and he has also filed an memo which is extracted hereunder: It is humbly submitted that, the Respondent/husband has filed a petition for conjugal rights H.M.O.P.No.4497 of 2021 before the VI Additional Family Court at Chennai and also filed another petition for custody of child G.W.O.P.No.835 of 2021 before the Hon'ble Principal District Court at Tiruvallur.

The petitioner further submit that, petitioner/wife has filed a petition for maintenance for child in M.C.No.117 of Divorce in H.M.O.P.No.387 of 2023 before the VI Additional Family Court at Chennai, above H.M.O.P.No.4497 of 2021 and M.C.No.117 of 2023 came up before the

VI Additional Family Court at Chennai and Hon'ble Judge pleased to order that both cases has been referred to the Lok Adalat on 08.07.2023.

The petitioner further submit that, petitioner and Respondent/Husband were present on that day before the Lok Adalat also they both have jointly filed a joint compromise memo stating that the petitioner and Respondent both will withdraw all the cases as against each other and shall be file a mutual divorce petition before the Hon'ble family Court at Chennai in the future. The Lok Adalat has recorded their compromise memorandum and ordered that both cases H.M.O.P.No.4497 of 2021(filed by the Respondent) and M.C.117 of 2023 ( filed by the petitioner) have been withdrawn and disposed.

The petitioner further state that, the petitioner has filed a divorce petition H.M.O.P.No.752 of 2021 before Sub-Court at Ponnamalliee and which has been transferred to the Sub-Court at Ambattur and renumbered as H.M.O.P.No.387 of 2023 before the Sub-Court at Ambattur. Further state that as per the compromise memo the petitioner has withdrawn the above

H.M.O.P.No.387 of 2023 before the Sub -Court at Ambatur.

The petitioner further state that, the Respondent husband ready to withdraw the G.W.O.P.No.835 of 2021 pending before the Hon'ble District Court at Tiruvalllur as per the compromise memo.

The petitioner further submit that, as per the compromise memo petitioner/wife withdrawing this Transfer Original Petition Tr.OP.No.523 of 2023 pending before this Hon'ble Court.

3. In view of the above memo entered into between the parties, this transfer miscellaneous petition is dismissed as withdrawn. No order as to costs. Consequently, the connected miscellaneous petition is closed. The memo filed by the learned counsel appearing for the petitioner forms part of the order.

28.08.2023 smn Index : Yes/No Internet: Yes/No

To.

1. The Principal District Court at Tiruvallur

2. The VI Additional Family Court at Chennai.

V.BHAVANI SUBBAROYAN,J.

Smn and C.M.P.No.12321 of 2023 28.08.2023