N. Sivanandhini v. A. Rajasekhar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.11.2024

CORAM

THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN and C.M.P.No.14532 of 2024 N.Sivanandhini ... Petitioner versus A.Rajasekhar ... Respondent Prayer: Petition filed under Section 24 of the Code of Civil Procedure to withdraw the H.M.O.P.No.146 of 2024 pending on the file of the Family Court, Tirunelveli and to transfer the same to the IV Additional Family Court, Chennai and to direct the IV Additional Family Court, Chennai to conduct Joint trials for both the O.Ps.

For Petitioner : M/s.D.Naveena For Respondent : M/s.Madhubala 1/4

ORDER

Heard M/s.D.Naveena, learned counsel appearing for the petitioner and M/s.Madhubala, learned counsel appearing for the respondent.

2. The wife had filed H.M.O.P.No.4596 of 2022 seeking for divorce on the file of the IV Additional Family Court at Chennai. Thereafter, the husband has presented H.M.O.P.No.146 of 2024 for restitution of conjugal rights on the file of the Family Court at Thirunelveli.

3. One proceeding being for divorce and other proceeding for restoration of conjugal rights, interest of justice requires that both the matters are heard together and disposed of by the same learned Judge.

4. M/s.Madhubala, learned counsel appearing for the respondent has no objection for transfer the proceedings from the file of the Family Court at Thirunelveli to the file of the IV Additional Family Court at Chennai. 2/4

5. In the light of the above, this Transfer Civil Miscellaneous Petition is allowed. Accordingly, H.M.O.P.No.146 of 2024 is withdrawn from the file of the Family Court, Tirunelveli and is transferred to the file of the IV Additional Family Court, Chennai. No costs. Consequently, the connected miscellaneous petition is closed.

06.11.2024 ssi Index : Yes/No Speaking Order/Non speaking order : Yes/No To 1.The Family Judge, Tirunelveli.

2.The IV Judge, Family Cout, Chennai.

3/4

V.LAKSHMINARAYANAN, J.

ssi Tr.C.M.P.No.671 of 2024 06.11.2024 4/4