Madras High CourtTR CMP/442/2016allowed

J.S.Saranya v. Mr.P.Srinivasan

2016-10-26Honourable Mr Justice K.K. Sasidharan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.10.2016

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN Transfer CMP No.442 of 2016 and CMP.No.11917 of 2016 J.S.Saranya

...Petitioner

versus P.Srinivasan

...Respondent

PRAYER: Tr.C.M.P. filed under section 24 of C.P.C., to withdraw the case in HMOP NO. 141/2016 on the file of the Subordinate Judge, Poonamallee and transfer the same to the III Addl. Family Court, Chennai.

For Petitioner : Mr. N.Alamelu Mangai For Respondent : Mr.P.Chandrasekaran

O R D E R

The respondent initiated proceedings in HMOP.No.141 of 2016 before the Subordinate Court at Poonamallee, praying for a decree of divorce. The petitioner, on the other hand, filed OP No.2407 of 2016 before the Third Additional Family Court at Chennai, invoking Section 9 of the Hindu Marriage Act. The petitioner has come up with this petition for transfer.

2. Heard the learned counsel for the petitioner and the learned counsel appearing for the respondent.

3. The learned counsel for the respondent fairly submitted that the respondent has no objection in transferring the proceedings from Subordinate Court at Poonamallee to III Additional Family Court at Chennai for disposal along with OP No.2407 of 2016.

4. There are two proceedings now pending before two different courts. The respondent has no objection in transferring the proceeding in HMOP No.141 of 2016 in view of the connected proceedings in OP No.2407 of 2016 pending before the Family Court at Chennai.

5. In the result, the proceedings in HMOP No.141 of 2016 is withdrawn from the file of Subordinate Court at Poonamallee and is transferred to the file of III Additional Family Court at Chennai for disposal on merits, along with O.P.No.2407 of 2016.

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6. The Transfer CMP is allowed as indicated above. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Asst.Registrar (CCC) /true copy/ Sub Asst. Registrar ajr To

1. Subordinate Judge, Poonamallee

2. III Addl. Family Court, Chennai.

1 cc to Mr.N. Alamelumangai, Advocate, sr. 61378 Transfer CMP No.442 of 2016 SK (CO) kk 25/11 https://hcservices.ecourts.gov.in/hcservices/