Madras High CourtTR CMP/345/2016allowed

M.J.Dhivya v. J.Rakesh Kumar

2016-07-18Honourable Mr Justice C. T. Selvam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.07.2016

CORAM

THE HONOURABLE MR.JUSTICE C.T.SELVAM Tr.CMP.No.345 of 2016 and CMP.No.9571 of 2016 M.J.Dhivya .. Petitioner .Vs.

J.Rakesh Kumar ..Respondent Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil Procedure Code, 1906, praying to withdraw the petition in OP.No.12 of 2016 pending on the file of II Additonal Family Court, Chennai and to transfer the same to the Sub Court, Cheyyar to be tried along with OP.No.135 of 2015. For petitioner : M/s.K.G.Senthil Kumar For Respondent : Mr.K.Mohammed Ussen

O R D E R

Petitioner has filed the present petition seeking transfer of OP.No.12 of 2016 from the file of III Additional Family Court, Chennai, to the file of Sub Court, Cheyyar.

2. Heard learned counsel for petitioner. Learned counsel for respondent informs that he has no objection to transfer the petition.

3. Learned counsel for petitioner submits that petitioner/wife has filed HMOP.No.135 of 2015 on the file of Sub Court, Cheyyar, seeking restitution of conjugal rights and the respondent/husband has filed OP.No.12 of 2016 on the file of II Additional Family Court, Chennai seeking divorce. Submitting that it would be desirable to have both the matters tried together, learned counsel seeks transfer of OP.No.12 of 2016 pending on the file of II Additional Family Court, Chennai to the file of Sub Court, Cheyyar.

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4. Considering the submissions made, this Court directs transfer of OP.No.12 of 2016 from the file of II Additional Family Court, Chennai to the file of Sub Court, Cheyyar to be tried along with OP.No.135 of 2015.

The Transfer Civil Miscellaneous Petition, accordingly, is ordered. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Asst.Registrar (CCC) /true copy/ Sub Asst. Registrar To 1.The Judge, II Additional Family Court, Chennai. 2.The Subordinate Judge, Cheyyar.

+1 cc to Mr.K.G.Senthilkumar, advocate,sr.40178 pa(co) krd 26/8 Tr.CMP.No.345 of 2016 and CMP.No.9571 of 2016 https://hcservices.ecourts.gov.in/hcservices/