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Madras High CourtTR CMP/538/2016allowed

B.Sridevi,W/O.S.Sasikumar v. S.Sasikumar,S/O.Selvaraj

2016-10-25Honourable Mr Justice K.K. Sasidharan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.10.2016

CORAM:

THE HON'BLE MR.JUSTICE K.K.SASIDHARAN Tr.C.M.P.No.538 of 2016 and C.M.P.No.14410 of 2016 B.Sridevi ... Petitioner

Versus

S.Sasikumar ... Respondent Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C. praying to direct the learned Subordinate Judge, Poonamallee to transfer O.P.No.164 of 2016 filed by the respondent herein against the petitioner, now pending on the file of the Subordinate Court at Poonamallee, to the First Additional Family Court at Chennai for the purpose of trying along with the maintenance case in M.C.No.202 of 2016 now pending on the file of the First Additional Family Court at Chennai.

For Petitioner :

Mr.S.Nagarajan For Respondent :

Ms.S.Mythreye

ORDER

The respondent initiated proceedings in O.P.No.164 of 2016 before the Subordinate Court, Poonamallee, praying for a decree of divorce. The petitioner on the other hand filed a maintenance case in M.C.No.202 of 2016 before the First Additional Family Court, Chennai. The petitioner has come up with this Petition seeking transfer of proceedings in O.P.No.164 of 2016 from the file of Subordinate Court, Poonamallee, to the file of First additional Family Court, Chennai, for trial along with M.C.No.202 of 2016.

2. The learned counsel for the respondent fairly submitted that the respondent has no objection in transferring the proceedings in O.P.No.164 of 2016 from the file of Subordinate Court, Poonamallee, to the file of First Additional Family Court, Chennai.

3. There are two proceedings pending before two different Courts.

4. The respondent has no objection in transferring the original proceedings in O.P.No.164 of 2016 from the file of Subordinate Court, Poonamallee, to the file of First Additional Family Court, Chennai. I am therefore of the view that the transfer petition deserves to be allowed.

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5. The proceedings in O.P.No.164 of 2016 is withdrawn from the file of Subordinate Court, Poonamallee and is transferred to the file of First Additional Family Court, Chennai, for disposal along with M.C.No.202 of 2016.

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

No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Asst.Registrar (CS VII ) /true copy/ Sub Asst. Registrar ogy To

1. The Subordinate Court, Poonamallee.

2. The First additional Family Court, Chennai.

1 cc to Mr.K. Chandru, Advocate, Sr. 60764 1 cc to Mr.S.v. Devasanthi, Advocate Sr. 61222 Tr.C.M.P.No.538 of 2016 NR C(O) kk 24/11 https://hcservices.ecourts.gov.in/hcservices/