P.Manikandam, v. Naveena,W/O.Manikandan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.08.2016
CORAM
THE HONOURABLE MR.JUSTICE C.T.SELVAM Transfer CMP Nos.491 & 493 of 2016 and CMP No.13440 of 2016 in TR CMP No.493 of 2016 P.Manikandam
...Petitioner in both
the petitions
Versus
Naveena
...Respondent in both
the petitions Prayer: Transfer CMPs filed under Section 24 of Civil Procedure Code, to withdraw and transfer the same FCOP Nos.403 of 2010 and 382 of 2009 respectively on the file of Family Court, Salem to transfer to nearby any other Family Court. For Petitioner : Mr.K.Sathishkumar COMMON ORDER These revisions seek transfer of F.C.O.P.Nos.403 of 2010 and 382 of 2009 on the file of Family Court, Salem to any other Family Court.
2. F.C.O.P.No.382 of 2009 on the file of Family Court, Salem, has been preferred by petitioner/husband seeking divorce. F.C.O.P.No.403 of 2010 on the file of Family Court, Salem, has been preferred by respondent/wife seeking restitution of conjugal rights. Seeking transfer of both actions, these revisions have been filed.
3. Heard learned counsel for petitioner.
4. Learned counsel for petitioner/husband submits that while the petitioner is a police constable, his father-in-law is a senior in the police department, who interferes in the matrimonial life of the couple and further, the Court below, even in the midst of the case, is insisting upon the petitioner to reside with the respondent/wife. https://hcservices.ecourts.gov.in/hcservices/
This Court is unable to accept the aforesaid submission as sufficient to order transfer as prayed for. Accordingly, these Transfer Civil Miscellaneous Petitions shall stand dismissed with the observation that while it would be the duty of a Court dealing with a matrimonial matter to try to bring about reconciliation between the parties, it cannot force the parties to come together. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar gm/jv To The Judge, Family Court, Salem.
+1cc to Mr.K.Sathish Kumar, Advocate, S.R.No.48129 Transfer CMP Nos.491 & 493 of 2016 SV(CO) CA(15/09/2016) https://hcservices.ecourts.gov.in/hcservices/