S.Silambarasi v. J.Arun Kumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.04.2024

CORAM

THE HON'BLE MR.JUSTICE V. LAKSHMINARAYANAN Tr.C.M.P.No.829 of 2023 and C.M.P.No.20130 of 2023 S.Silambarasi ...

Petitioner Vs ...

Respondent J.Arun Kumar Prayer : Petition filed under Section 24 of the Code of Civil Procedure praying to withdraw the case H.M.O.P.No.63 of 2023 on the file of the Sub Court at Lalgudi and to transfer the same to the file of Family Court at Namakkal, Namakkal District.

For Petitioner : Mr.S.Sivasankarai For Respondent : Served - No appearance

O R D E R

The husband has initiated proceedings in H.M.O.P.No.63 of 2023 on the file of the Sub Court at Lalgudi. The wife has already initiated two proceedings in M.C.No.27 of 2023 and F.C.O.P.No.169 of 2023 on the file of the Family Court at Namakkal. The husband has been served in this proceedings but he has not opposed the proceedings. 1/1

2. As both the parties have to appear before the one Court and in order to avoid any conflicting judgments, I am inclined to transfer the H.M.O.P.No.63 of 2023 from the file of the Sub Court at Lalkudi to the file of the Family Court at Namakkal. The learned Family Court Judge, Namakkal is requested to consider the appearance of the party only for essential hearings and for all the other hearings, the parties may be represented through a counsel.

3. Accordingly, the Tr.C.M.P. is allowed. No costs. Consequently, connected miscellaneous petition is closed.

05.04.2024 Index : Yes/No Sgl 2/2

To 1.The Family Court, Namakkal.

2.The Sub Court, Lalkudi.

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V. LAKSHMINARAYANAN, J.

Sgl Tr.C.M.P.No.829 of 2023 05.04.2024 4/4