P. Suresh v. T. Jothilakshmi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.11.2016

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN TR CMP NO.643 OF 2016 P.Suresh ... Petitioner

Versus

T.Jothilakshmi ... Respondent PRAYER: Petition filed under Section 24 of the Code of Civil Procedure with a prayer to withdraw the F.C.O.P.No.520 of 2015 pending on the file of Family Court, Salem and to transfer the same before Family Court, Dharmapuri for joint trial along with F.C.O.P.No.71 of 2016 pending on the file of Family Court, Dharmapuri.

For Petitioner :

Mr.T.Karunakaran For Respondent :

Mr.P.Mani

O R D E R

The petitioner initiated a proceedings in F.C.O.P.No.520 of 2015, before the Family Court, Salem, praying for a decree of divorce.

2. The respondent, on the other hand, initiated a proceedings in F.C.O.P.No.71 of 2016, before the Family Court, Dharmapuri, praying for a decree under Section 9 of the Hindu Marriage Act, 1955.

3. The petitioner has come up with this petition with a plea to transfer the proceedings in F.C.O.P.No.520 of 2015, to the file of Family Court, Dharmapuri, for disposal along with F.C.O.P.No.71 of 2016.

4. Heard the learned counsel for the petitioner and the learned counsel appearing on behalf of the respondent.

5. The request of the petitioner is to transfer the proceedings initiated by him in F.C.O.P.No.520 of 2015 from the file of Family Court, Salem to the file of Family Court, https://hcservices.ecourts.gov.in/hcservices/

Dharmapuri, where the proceedings initiated by the respondent in F.C.O.P.No.71 of 2016 is pending.

6. The learned counsel for the petitioner is correct in his contention that it would be in the interest of both the parties, in case the proceedings in F.C.O.P.No.520 of 2015 is transferred from the file of Family Court, Salem to the file of Family Court, Dharmapuri.

7. The proceedings in F.C.O.P.No.520 of 2015 is withdrawn from the file of Family Court, Salem, and is transferred to the file of Family Court, Dharmapuri, for disposal along with F.C.O.P.No.71 of 2016.

8.The Transfer Civil Miscellaneous Petition is allowed with the above observation. No costs.

Sd/- Assistant Registrar(AS) //True Copy// Sub Assistant Registrar To 1.The Family Court Salem.

2.The Family Court Dharmapuri.

+1 cc to Mr.P.Mani,Advocate SR.NO..60043 TR CMP NO.643 OF 2016 co(vd) CP 29/12/2016 https://hcservices.ecourts.gov.in/hcservices/