L.Vanitha v. Dr. R. Sai Sreedhar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.11.2024 CORAM :

THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and CMP No.29584 of 2023 L.Vanitha ...

Petitioner Vs Dr.R.Sai Sreedhar ...

Respondent PRAYER : Transfer CMP under Section 24 of CPC to withdraw the HMOP No.463 of 2023 on the file of the Subordinate Court at Ambattur and transfer to the III Additional Family Court at Chennai to try along with HMOP No.3646 of 2022.

For Petitioner :

Ms.S.Suseela Devi For Respondent :

Ms.S.Uma

ORDER

This Transfer CMP seeks transfer of HMOP No.463 of 2023 on the file of the Subordinate Court at Ambattur to the file of III Additional Family Court at Chennai to try along with HMOP No.3646 of 2022.

2. The petitioner and respondent are wife and husband. They got married on 29.11.2017. Subsequently, they have separated and the wife is residing at Villivakkam. She has initiated a proceedings for restitution of conjugal rights in HMOP No.3646 of 2022 on the file of the III Additional Family Court at Chennai. Thereafter, the husband has initiated proceedings

for divorce in HMOP No.463 of 2023.

3. One being a proceedings for restitution and other being a proceedings for divorce, interests of justice require that both matters are heard together and disposed of.

4. Notice was issued in the transfer petition and the respondent is represented by a counsel. Learned counsel for the respondent has no objection to the transfer.

5. Accordingly, HMOP No.463 of 2023 pending on the file of the Subordinate Court at Ambattur is withdrawn and transferred to the file of III Additional Family Court at Chennai to be tried along with HMOP No.3646 of 2022. The III Additional Family Court shall not insist upon the appearance of the parties for every hearing. They shall appear for all essential hearings where their presence is indispensable. For the other hearings including procedural matters, they will be represented through a counsel.

6. With the above directions, the Civil Revision Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed. 29.11.2024 Index:Yes/No

KST To 1.The Subordinate Court Ambattur 2.The III Additional Family Court Chennai.

V.LAKSHMINARAYANAN, J.

KST 29.11.2024