S.Gayathri v. G.Subramani

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.12.2019

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN Transfer C.M.P.No.939 of 2019 & CMP.No.25636 of 2019 S. Gayathri

...Petitioner

vs.

G. Subramani

...Respondent

Tr.C.M.P. filed under Section 24 of C.P.C., to withdraw the divorce petition in F.C.H.M.O.P.No.105 of 2019 pending on the file of the Family Court, Dharmapuri and transfer the same to the Family Court, Salem. For Petitioner : Mr.K.Gandhikumar For Respondent : Mr.V.R.Anna Gandhi

O R D E R

The Petitioner, who is residing at Salem District, has come up with this Petition seeking transfer of F.C.H.M.O.P.No.105 of 2019 from the file of the Family Court, Dharmapuri and transfer the same to the file of the Family Court, Salem.

2.When the matter is taken up for hearing, learned counsel for the petitioner submitted that the matter may be transferred to Sub Court, Omalur instead of the place sought for in the petition.

3. Learned counsel appearing for the respondent submitted that he has no objection for the matter being transferred to Sub Court, Omalur on condition that Page No.1 of 3

S.VAIDYANATHAN,J.

(msr) the domestic violence case in DVC.No.20 of 2019 pending before the Additional Mahila Court, Salem to be clubbed along with F.C.H.M.O.P.No.105 of 2019.

4. In view of the submission made by the parties, F.C.H.M.O.P.No.105 of 2019 pending on the file of Family Court, Dharmapuri is directed to be withdrawn and the same is transferred to Sub Court, Omalur. The Sub Court, Omalur. is expected to conclude the trial, as expeditiously as possible, without adjourning the matter beyond 45 working days at any point of time, to bring the issue to a logical end.

5. It is needless to mention that the petitioner/wife shall take steps to get the DVC.No.20 of 2019 pending before the Additional Mahila Court, Salem be transferred to Sub Court, Omalur and file a petition before the Court . It is expected that till DVC.No.20 of 2019 is transferred to Sub Court, Omalur, the petitioner shall not precipitate the matter as the counsel for wife has agreed that she seek for transfer of DV case.

5. The Transfer Civil Miscellaneous Petition is disposed of with the above direction. No costs. Consequently, connected C.M.P.No.25636 of 2019 is closed.

20.12.2019 Index :

Yes/No (msr) To : 1.The Sub Court, Omalur

2. The Family Court, Dharmapuri Tr. C.M.P.No.939 of 2019 & CMP.No.25636 of 2019 Page No.2 of 3

Page No.3 of 3