Madras High CourtTR CMP/793/2022allowed

Sibi Simiyon Madhanraj v. Minor Faith Marvel

2022-12-06Honourable Mr Justice S.M. Subramaniam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.12.2022

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and C.M.P.No.13603 of 2022 Sibi Simiyon Madhanraj ... Petitioner Vs.

Minor Faith Marvel ...

Respondent Prayer: Transfer CMP is filed under Section 24 of the Civil Procedure Code, to withdraw and transfer the Maintenance Petition in M.C.No.7 of 2022 on the file of Judicial Magistrate, Sriperumbadur filed by the respondent for maintenance to the file of III Additional Family Court, Chennai in IDOP No.2368 of 2021 to try both the matters jointly and decide the same on merits.

For Petitioner : Mr.J.Joseph Stalin For M/s.N.Beulah John Selvaraj For Respondent : Ms.M.R.Sangeetha

O R D E R

The petition for transfer is filed to withdraw and transfer the Maintenance Petition in M.C.No.7 of 2022 on the file of Judicial Magistrate, Sriperumbadur filed by the respondent for maintenance to the file of III Additional Family Court, Chennai in IDOP No.2368 of 2021 to try both the matters jointly and decide the same on merits.

2. The petitioner filed IDOP No.2368 of 2021 for Dissolution of Marriage before the III Additional Family Court, Chennai. The respondent filed M.C.No.7 of 2022 seeking maintenance for her minor child on the file of Judicial Magistrate, Sriperumbadur.

3. The learned counsel for the petitioner and the learned counsel for the respondent jointly made a submission by stating that both the parties are now employed at Chennai and they have no objection for transferring the case.

4. Considering the facts and circumstances, the M.C. No.7 of 2022 pending on the file of the Judicial Magistrate, Sriperumbadur filed by the

respondent stands transferred to the III Additional Family Court, Chennai to be tried along with IDOP No.2368 of 2021. The Judicial Magistrate, Sriperumbadur is directed to transmit all the case papers to the III Additional Family Court, Chennai, within a period of four (4) weeks from the date of receipt of a copy of this order.

5. With the abovesaid directions, the Transfer Civil Miscellaneous Petition stands allowed. However, there shall be no order as to costs. Consequently, the connected miscellaneous petition is closed. 06.12.2022 Jeni Index : Yes Speaking order To 1.The Judicial Magistrate Sriperumbadur.

2.The III Additional Family Court, Chennai.

S.M.SUBRAMANIAM, J.

Jeni 06.12.2022