Madras High CourtTR CMP/850/2018disposed of

Neha v. Chanakya D Metha

2019-02-18Honourable Mr Justice M. Govindaraj3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.02.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ TR CMP NOS.850 OF 2018, 94 AND 96 OF 2019 AND CMP NOS.20971 OF 2018, 3379 AND 3392 OF 2019 TR.CMP NO.850 / 2018 Neha ... Petitioner versus Chanakya D Metha ... Respondent PRAYER: Petition filed under Section 24 of the Code of Civil Procedure with a prayer to withdraw the petition in H.M.O.P.No.1434 of 2018 pending on the file of Additional Family Court, Coimbatore and to transfer the same to the file of Family Court, Erode to be tried along with F.C.O.P.No.275 of 2018 pending on the file of Family Court, Erode.

For Petitioner :

Mr.S.Kaithamalai Kumaran For Respondent :

Mr.P.Saravana Sowmiyan TR.CMP NOS.94 & 96 / 2019 Chanakya D Metha ...

Petitioner in both Tr.CMPs'

versus Neha ...

Respondent in both Tr.CMPs'

PRAYER: Petitions filed under Section 24 of the Code of Civil Procedure with a prayer to withdraw the petition O.S.No.18 of 2018 and FCOP No.275 of 2018 pending on the file of Family Court, Erode and transfer to the Family Court, Coimbatore to be tried along with H.M.O.P.No.1434 of 2018.

For Petitioner :

Mr.P.Saravana Sowmiyan For Respondent :

Mr.S.Kaithamalai Kumaran

COMMON ORDER The petitioner in Tr.C.M.P.No.850 of 2018 / wife filed FCOP No.275 of 2018 before the Family Court, Erode for restitution of conjugal rights. She has also filed a plaint in O.S.No.18 of 2018 before the same Court seeking maintenance. As a counter blast to the same, the respondent / husband filed H.M.O.P.No.1434 of 2018 before the Additional Family Court, Coimbatore, seeking divorce on medical grounds. The petitioner/wife now seeks transfer of H.M.O.P.No.1434 of 2018 filed by the husband from Additional Family Court, Coimbatore to Family Court, Erode.

2. Likewise, the husband filed Tr.C.M.P.Nos.94 and 96 of 2019 to withdraw FCOP No.275 of 2018 and O.S.No.18 of 2018 from the file of Family Court, Erode and transfer the same to Additional Family Court, Coimbatore.

3. All the cases are taken up together for hearing and final disposal. On perusing the materials, it is seen that the husband has alleged some mental illness on the wife as one of the grounds for divorce. If that be the case, it is a fit case for transfer from Coimbatore to Erode, where the wife resides.

4. Accordingly, H.M.O.P.No.1434 of 2018 pending on the file of Family Court, Coimbatore is withdrawn and transferred to Family Court, Erode, to be tried along with F.C.O.P.No.275 of 2018 and O.S.No.18 of 2018 pending before the same Court.

5. The respondent/husband is given liberty to file appropriate application before the Trial Court, to dispense with his personal appearance, on the normal dates of hearing, subject to the condition that he would appear on all the effective dates of hearing. In case, any such application is filed, the same shall be considered and disposed of by the learned Trial Judge, taking into account the difficulties projected by the petitioner.

6. All the Transfer Civil Miscellaneous Petitions are disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CS-VIII) //True Copy// Sub Assistant Registrar TK

To 1.The Family Court Erode.

2.The Additional Family Court Coimbatore.

+1cc to Mr.S.Kaithamalai Advocate, S.R.No. 14486 +1cc to Mr.P.Saravana Sowmiyan, Advocate, S.R.No. 15000 TR CMP NOS.850 OF 2018, 94 AND 96 OF 2019 SAI(CO) GN(11/03/2019)