Haripriya, v. R. Vijayachandran,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.09.2016

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN Transfer CMP No.169 of 2016 and CMP.No.4772 of 2016 Haripriya

...Petitioner

versus R.Vijayachandran

...Respondent

PRAYER: Tr.C.M.P. filed under section 24 of C.P.C., to withdraw and transfer H.M.O.P.No.24 of 2015 on the file of Principal Subordinate Judge of Cuddalore to the file of Family Court, Puducherry. For Petitioner : Mr.G.Thangavel For Respondent : Mr.R.Karthikeyan

O R D E R

The respondent filed proceedings in H.M.O.P.No.24 of 2015 before the Principal Sub-Court, Cuddalore, praying for a decree of divorce. The petitioner on the other hand instituted proceedings in M.C.O.P.No.15 of 2015 against the respondent before the Judicial Magistrate I, Puducherry. Both the proceedings are now pending before the respective Courts. The petitioner seeks an order for transfer of the proceedings from Cuddalore to Puducherry.

2. Heard the learned counsel for the petitioner and the learned counsel appearing on behalf of the respondent.

3. The petitioner is the respondent in HMOP No.24 of 2015 pending on the file of Principal Sub-Judge, Cuddalore. There is another proceeding instituted by the petitioner before the Judicial Magistrate I, Puducherry. The petitioner is a permanent resident of Puducherry. The respondent is a resident of Cuddalore. Even to defend the proceedings in M.C.No.15 of 2015, the respondent has to come over to Puducherry.

4. The learned counsel for the respondent submitted that, in case, the matter is referred to Lok Adalat, there is a possibility of settlement in view of the counter filed by the petitioner that she has no objection for granting a decree of divorce.

5. The learned counsel for the petitioner has no serious objection in referring the matter to Lok Adalat or to Mediation . https://hcservices.ecourts.gov.in/hcservices/

6. Section 19(iii-a) of the Hindu Marriage Act, permits the wife to initiate matrimonial proceedings before the Court in whose jurisdiction she is residing at the time of institution of proceedings.

7. The petitioner has produced materials to demonstrate that it would be difficult for her to defend the proceedings in HMOP No.24 of 2015, which is now pending on the file of Principal Sub-Court, Cuddalore. I am therefore of the view that the transfer petition deserves to be allowed.

8. The proceedings in H.M.O.P.No.24 of 2015 is withdrawn from the file of Principal Sub-Court, Cuddalore and is transferred to the file of Family Court, Puducherry.

9. The learned Judge, Family Court, Puducherry, is directed to refer the matter to Lok Adalat or mediation. The endeavour of the Court must be to settle the matter. The question of deciding the matter on merits would arise only in case the parties are not in a position to settle the matter.

10. The Transfer CMP is allowed as indicated above. No costs. Consequently, connected miscellaneous petition is closed. -sd/- Assistant Registrar / TRUE COPY / Sub-Assistant Registrar svki To 1.The Principal Subordinate Judge, Cuddalore 2.The presiding Officer Family Court, Puducherry +1 cc to MR.THANGAVEL Advocate SR.NO. 55362 +1 cc to MR.KARTHIKEYAN Advocate SR.NO. 55244 Transfer CMP No.169 of 2016 mg[co] RD : 19/10/2016 https://hcservices.ecourts.gov.in/hcservices/