Madras High CourtTR CMP/402/2016disposed of

S. Chandrasekaran, v. Vishwamathi

2016-07-18Honourable Mr Justice C. T. Selvam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.07.2016

CORAM

THE HONOURABLE MR.JUSTICE C.T.SELVAM Tr.CMP.No.402 of 2016 and MP.No.10665 of 2016 and Tr.CMP.No.782 of 2015 and M.P.No.1 of 2015 Tr.CMP.No.402 of 2016 S.Chandrasekaran .. Petitioner .Vs.

1.Vishwamathi 2.Minor.Lavanya 3.Minor.Dharunkumar (2 & 3 Minors rep.by their mother and natural guardian Vishwamathi) 4.The District Collector Kancheepuram District .. Respondents Prayer in Tr.CMP.No.402 of 2015: Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil Procedure Code, 1906, praying to withdraw the petition in HMOP.No.2 of 2015 pending on the file of Sub Court, Madurantakam, Kanchipuram District and to transfer the same to the learned Principal Sessions Court, Chengalpattu, Kanchipuram District. Tr.CMP.No.782 of 2015 Vishwamathi .. Petitioner vs.

S.Chandrasekaran .. Respondent Prayer in Tr.CMP.No.782 of 2015:Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil Procedure Code, 1906, praying to withdraw the petition in HMOP.No.2881 of 2014 pending on the file of 1st Additional Family Court, Chennai and to transfer the same to the Sub Court, Maduranthagam, Kanchipuram District to be tried along with O.P.No.2 of 2015.

For petitioner : M/s.S.Deivasigamani (Tr.CMP.No.402 of 2016) For Respondent : M/s.G.Palani (Tr.CMP.No.402 of 2016 For Petitioner : M/s.G.Palani(Tr.CMP.No.782 of 2015) For Respondents : Mr.S.Deivasigamani (Tr.CMP.No.782 of 2015) C O M M O N O R D E R Husband has filed Tr.CMP.No.402 of 2016 seeking transfer of HMOP.No.2 of 2015 on the file of learned subordinate Judge, Madurantakam, to the file of learned Principal Sessions Judge, Chengalpattu, Kanchipuram District. Wife has filed Tr.CMP.No.782 of 2015 seeking transfer of HMOP.No.2881 of 2014 on the file of I Additional Family Court, Chennai, to the file of Sub Court, Maduranthagam, Kanchipuram District, to be jointly tried with H.MO.P.No.2 of 2015.

2. Heard learned counsel for petitioners and learned counsel for respondents.

3.Considering the rival submissions and intent of Section 19 of the Hindu Marriage Act as amended, this Court directs transfer of HMOP.No.2881 of 2014 on the file of First Additional Family Court, Chennai to the file Sub Court, Madurantakam, to be jointly tried with H.MO.P.No.2 of 2015.

In the result, (i)Tr.CMP.No.402 of 2016 shall stand dismissed. (ii)Tr.CMP.No.782 of 2015 shall stand allowed. No costs. Consequently, connected Miscellaneous Petitions are closed.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar kkd To

1. The Sub Judge, Madurantakam.

Kancheepuram

2.The Presiding Officer First Additional Family Court, Chennai.

+1 cc to Mr.S.Deivasigamani Advocate sr 40589/16 +1 cc to Mr.G.Palani Advocate sr 40143/16 Tr.CMP.No.402 of 2016 and MP.No.10665 of 2015 and Tr.CMP.No.782 of 2015 and M.P.No.1 of 2015 aa06/09/2016