K.V.Prashanth v. M.N.Varsha

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 25.04.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA and CMP.No.28738 of 2024 K.V.Prashanth ... Petitioner Vs.

M.N.Varsha ... Respondent Prayer: Transfer Petition filed under Sec.24 of CPC praying to withdraw and transfer HMOP.No.4147 of 2024 on the file of I Additional Principal Judge, Family Court, Chennai, to be tried with HMOP.No.4640 of 2024 on the file of V Additional Principal Judge, Family Court, Chennai. For Petitioner :

Mr.D.S.Rajasekaran For Respondent :

Mr.M.K.Kabir, Senior Counsel for Ms.M.K.Padma

ORDER

The husband has filed the present transfer petition seeking to withdraw the HMOP.No.4147 of 2024 filed by the wife before the I Additional Principal Judge, Family Court, Chennai and transfer the same to the V Additional Principal Judge, Family Court, Chennai, to be tried along 1/4

with HMOP.No.4640 of 2024 filed by him.

2.According to the petitioner-husband, for no reason, the respondentwife had abandoned him and left the matrimonial home. She is now staying at her parent's house along with the minor child. She has filed HMOP.No.4147 of 2024 before the I Additional Principal Judge, Family Court, Chennai for dissolution of marriage. Though the petitioner-husband is willing to live jointly with his family, the respondent-wife has not obliged to it. Hence, he filed HMOP.No.4640 of 2024 before the V Additional Principal Judge, Family Court, Chennai, for restitution of conjugal rights. He now seeks transfer of HMOP.No.4147 of 2024 to the file of V Additional Principal Judge, Family Court, Chennai, to be tried along with HMOP.No.4640 of 2024.

3. Heard the learned counsel for the petitioner. The learned Senior Counsel appearing on behalf of the respondent, on instructions, would submit that the respondent-wife has no objection in allowing the transfer petition.

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4. The relief claimed is one for transfer of HMOP.No.4147 of 2024 pending on the file of I Additional Principal Judge, Family Court, Chennai to the file of V Additional Principal Judge, Family Court, Chennai, to be tried along with HMOP.No.4640 of 2024, and he respondent-wife is agreeable for the said transfer, the Tr.CMP. is disposed of and HMOP.No.4147 of 2024 pending on the file of I Additional Principal Judge, Family Court, Chennai is withdrawn and transferred to V Additional Principal Judge, Family Court, Chennai, to be tried along with HMOP.No.4640 of 2024. No costs. Consequently, connected miscellaneous petition is closed.

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25.04.2025 Index : Yes/No ds To:

1.The Judge, I Additional Principal Judge Family Court, Chennai.

2.The Judge, V Additional Principal Judge Family Court, Chennai.

3.The Section Officer VR Section, High Court, Madras.

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P.T. ASHA, J, ds 25.04.2025 4/4