H.Divya v. S.Karthik Kumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.04.2024

CORAM

THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and C.M.P.No.28019 of 2023 H.Divya .. Petitioner Vs.

S.Karthik Kumar .. Respondent Prayer : The Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw and transfer the proceedings in H.M.O.P.No.431 of 2023 from the file of the Sub Court at Alandur, Chengalpattu to the file of the Sub Court at Thiruvottriyur, Tiruvallur. For Petitioner : M/s.I.Bobby Portia For Respondent : M/s.D.Monicka for Mr.S.V.D.Rajendra Prasad

ORDER

This transfer petition has been filed seeking transfer of the proceedings in H.M.O.P.No.431 of 2023 from the file of the Sub Court at Alandur to the file of the Sub Court at Thiruvottriyur. Page No 1 of 4

2. The petitioner/wife is taking care of her two year old child. She has already initiated the proceeding before the Sub Court at Thiruvottriyur in H.M.O.P.No.329 of 2023.

3. In the meanwhile, the husband has moved a petition in H.M.O.P.No.431 of 2023 before the file of the Sub Court at Alandur.

4. The learned counsel appearing for the respondent states that her client has no objection for transfer of the proceedings.

5. In order to avoid conflicting judgments, it is better that the cases are held by the same Court. Hence, the proceeding in H.M.O.P.No.431 of 2023 which is now pending on the file of the Sub Court at Alandur is withdrawn and it shall stand transferred to the file of the Sub Court at Thiruvottriyur and shall be heard and tried along with H.M.O.P.No.329 of 2023.

6. In the light of the above, the Transfer Civil Miscellaneous Petition Page No 2 of 4

stands allowed. No costs. Consequently, connected Civil Miscellaneous Petition is closed.

17.04.2024 mkn2 Index:Yes/No Speaking Order :Yes/No To 1.The Sub Court, Alandur 2.The Sub Court, Thiruvottriyur Page No 3 of 4

V. LAKSHMINARAYANAN, J.

mkn2 and C.M.P.No.28019 of 2023 17.04.2024 Page No 4 of 4