M.Monisha v. A.Anandraj

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.10.2016

CORAM:

THE HON'BLE MR.JUSTICE K.K.SASIDHARAN Transfer C.M.P.No.262 of 2016 And C.M.P.No.7169 of 2016 M.Monisha ... Transfer Petitioner/Respondent

Versus

A.Anandraj ... Respondent/Petitioner This Petition filed under Section 24 of C.P.C. praying to withdraw O.P.No. 602 of 2015 on the file of Principal Judge, Family Court at Chennai and transfer the same to the file of Sub Court, Poonamallee.

*** For Petitioner :

M/s.G.K.Uthra Nihila Kumari For Respondent :

No appearance

O R D E R

Heard the learned counsel for the petitioner. None appears on behalf of the respondent, in spite of printing the name of the counsel in the cause list.

2.

The petitioner filed proceedings in H.M.O.P.No. 228 of 2015 before the Sub Court at Poonamallee praying for a decree declaring the marriage between the parties as null and void. Subsequently, the respondent filed a proceeding in O.P.No. 602 of 2016 before the Principal Judge, Family Court at Chennai. The petitioner on appearance before the Family Court at Chennai filed this petition for Transfer.

3. There are two proceedings now pending before two different Courts. Both the matters are in relation to the marriage of the parties, that took place on 21.01.2015. In case, the proceedings are taken up by two different Courts, there is a possibility of passing contradictory orders. I am therefore of the view that the matter requires transfer.

4. In the result, the proceedings in O.P.No. 602 of 2016 is withdrawn from the file of Principal Judge, Family Court at Chennai and is transferred to the file of Family Court at Poonamallee, for disposal along with H.M.O.P.No. 228 of 2015. https://hcservices.ecourts.gov.in/hcservices/

5. The Transfer Civil Miscellaneous Petition is allowed as indicated above.

No costs.

Consequently, connected Miscellaneous Petition is closed.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar vsg To

1. The Principal Judge, Family Court at Chennai.

2. The Subordinate judge at Poonamallee.

+1 cc to Mr.Sangeetha Rajkumar Advocate sr 56890 Transfer C.M.P.No.262 of 2016 And C.M.P.No.7169 of 2016 kk(co) aa03/11/2016 https://hcservices.ecourts.gov.in/hcservices/