S.Kanagalakshmi v. R.Kalaiarasan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.12.2024 CORAM :

THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN and C.M.P.No.28715 of 2024 S.Kanagalakshmi .. Petitioner

Versus

R.Kalaiarasan .. Respondent Prayer : Transfer Petition filed under Section 24 of the Code of Civil Procedure to withdraw the proceedings in O.P.No.52 of 2024 on the file of the Sub Court, Arakonam and transfer the same to the file of the Sub Court, Poonamallee.

For Petitioner : Mr.C.Thiagarajan For Respondent : Mr.Jayachandar

O R D E R

This transfer petition was listed before me on 13.12.2024. At the time when the matter came up for admission, Mr.Jayachandar took notice for the respondent. He pleaded that the parties are willing to separate but the only

aspect, which prevents them from separation, is that gold ornaments of the wife have been retained by the husband.

2. I directed the parties to exchange the articles and listed the matter today.

3. Both Kanagalakshmi and Kalaiarasan are present before this Court. They expressed their desire to separate as they are not in a position to live with each other. Kanagalakshmi states that she is not interested to live with the respondent/Kalaiarasan, since the matrimony was entered into without her consent. She wants to separate. The same wish was expressed by Kalaiarasan.

4. The matter was passed over in the morning and when it was taken up in the afternoon, they filed a memorandum of compromise. The identity of the parties has been verified by the Court Officer and by the learned counsel appearing of the respective parties. The parties have exchanged their articles. They have no claim against each other and they do not desire to continue with the union. They have also stated that there is no possibility for any reunion either.

5. The joint memorandum of compromise is reproduced hereunder:

6. Considering the aforesaid circumstances, in exercise of Article 227 of the Constitution of India, O.P.No.52 of 2024 now pending on the file of the learned Subordinate Judge at Arakonam is transferred to the file of this Court. Though the petition is filed under Section 12(1)(c), it is converted into one under Section 13B of the Hindu Marriage Act. The marriage between the petitioner and the respondent, which took place at V.R.Mahal Thirumana Mandapam, No.50, Paramesh Mangalam, Thakkolam Road, Arakkonam, Ranipet on 10.02.2023, stands dissolved. The learned Subordinate Judge at Arakkonam shall record this order and dispose off O.P.No.52 of 2024.

7. In terms of the memorandum of compromise, this transfer is ordered. No costs. Consequently, the connected miscellaneous petition is closed. The memorandum of compromise shall form part of this order. 20.12.2024 nl Index : Yes / No Speaking order / Non-speaking order

V.LAKSHMINARAYANAN, J.

nl To The Sub Court, Arakonam 20.12.2024