Anish v. Madhumitha

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.04.2024

CORAM

THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and C.M.P.Nos.1155 and 9483 of 2024 Anish .. Petitioner Vs.

Madhumitha .. Respondent Prayer : The Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw and transfer the proceeding in H.M.O.P.No.32 of 2022 pending on the file of the Family Court at Karaikal and transfer the same to the file of the Family Court at Chennai. For Petitioner : M/s.A.V.Bharathi for Mr.S.Yuvaraj For Respondent : Mr.S.P.Vijayaragavan

ORDER

The learned counsel on either side represent that the parties have decided to part ways and accordingly, they have filed a petition under Page No 1 of 4

Section 13-B of the Hindu Marriage Act for dissolution of marriage by mutual consent in H.M.O.P.No.26 of 2024 on the file of the Family Court at Karaikal. Since the parties have already been separated for a period more than that statutorily required, they have moved an application in I.A.No.1 of 2024 to dispense with the requirements of the statutory period necessary to file the application under Section 13-B of the Hindu Marriage Act.

2. M/s.A.V.Bharathi would represent that the application is listed for hearing on 24.05.2024. The learned counsel on either side would submit that in the light of this subsequent development, H.M.O.P.No.32 of 2023 filed by the respondent, Madhumitha, will be withdrawn on the next hearing date i.e., on 06.05.2024.

3. Therefore, no further orders are necessary in the Transfer Civil Miscellaneous Petition other than requesting the learned Family Court at Karaikal to dispose of I.A.No.1 of 2024 on 24.05.2024 and further, if the application is allowed, take up the proceeding in H.M.O.P.No.26 of 2024 on the same day and dispose it of on merits.

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4. Accordingly, the Transfer Civil Miscellaneous Petition stands disposed of. No costs. The connected Civil Miscellaneous Petitions are closed.

25.04.2024 mkn2 Index:Yes/No Speaking Order :Yes/No Page No 3 of 4

V. LAKSHMINARAYANAN, J.

mkn2 To The Family Court, Karaikal and C.M.P.Nos.1155 and 9483 of 2024 25.04.2024 Page No 4 of 4