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Madras High CourtTR CMP/1005/2023allowed

S. Sathees, v. S. Samyuktha,

2024-04-15Honourable Mr Justice V. Lakshminarayanan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.04.2024

CORAM

THE HON'BLE MR.JUSTICE V. LAKSHMINARAYANAN and C.M.P.No.24279 of 2023 S.Sathees ... Petitioner Vs S.Samyuktha ... Respondent Prayer : Petition filed under Section 24 of the Code of Civil Procedure praying to withdraw the case in H.M.O.P.No.3589 of 2023 on the file of the II Additional Family Court Judge, Chennai and transfer the same to Subordinate Judge, Alandur, Chennai - 16, for the purpose of having Joint trial in H.M.O.P.No.294 of 2023 and H.M.O.P.No.3589 of 2023. For Petitioner : Mr.D.Gopinathan For Respondent : Mr.S.Suresh Kumar

O R D E R

The husband has moved this transfer petition seeking transfer of proceeding in H.M.O.P.No.3589 of 2023 pending on the file of the II Additional Family Court at Chennai to be heard along with H.M.O.P.No.294 of 2023 on the file of the Sub Court at Alandur. 1/1

2. The wife is a permanent resident of Jaferkhanpet. Jaferkhanpet is closer to Alandur than to Parrys Corner at Chennai. Apart from that, I notice from the list of dates that the husband had filed divorce proceedings on 09.04.2023 and it is only after the receipt of the summons in the divorce proceedings, the wife had proceeded to file H.M.O.P.No.3589 of 2023.

3. Taking into consideration the convenience of the wife as well as to the fact that her proceedings were subsequent, H.M.O.P.No.3589 of 2023 is withdrawn from the file of the Family Court at Chennai and transferred to be heard along with H.M.O.P.No.294 of 2023 on the file of the Sub Court at Alandur.

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

15.04.2024 Index : Yes/No Sgl 2/2

To 1.The II Additional Family Court, Chennai.

2.The Sub Court, Alandur.

3/3

V. LAKSHMINARAYANAN, J.

Sgl 15.04.2024 4/4