S.Mohan, v. Subbulakshmi @ Shanthi,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.01.2016

CORAM:

THE HONOURABLE MR.JUSTICE T.MATHIVANAN Tr.C.M.P.(MD)No.275 of 2015 and M.P.(MD)No.1 of 2015 S.Mohan ...

Petitioner Vs.

Subbulakshmi @ Shanthi ...

Respondent Prayer: Petition is filed under Section 24 of C.P.C., to withdraw the maintenance petition in M.C.No.577 of 2014 on the file of the Family Court No.I, Chennai and transfer the same to the Family Court, Madurai to be tried along with H.M.O.P.No.302 of 2013.

For Petitioner : Mr.P.Mahendran For Respondent : No appearance

ORDER

Seeking the relief of withdrawal of the maintenance case in M.C.No.577 of 2014 from the file of the Family Court No.I, Chennai and transfer the same to the Family Court, Madurai to be tried along with H.M.O.P.No.302 of 2013, this petition is filed by the petitioner, being the husband of the respondent.

2.It appears from the records that already the petitioner had filed a transfer civil miscellaneous petition in Tr.C.M.P.No.61 of 2015 and an order was passed by this Court on 13.06.2015 in that application, transferring the H.M.O.P.No.4942 of 2014, which was filed by the respondent / wife for restitution of conjugal rights from the Family Court No.II, Chennai to the Family Court, Madurai to be tried along with H.M.O.P.No.302 of 2013.

3.It is also brought to the notice of this Court that the respondent had filed a maintenance petition in M.C.No.577 of 2014 on the file the Family Court No.I, Chennai. Since the earlier matrimonial proceedings in H.M.O.P.No.4942 of 2014 was ordered to be transferred in pursuant to the order of this Court dated 13.06.2015 and made in Tr.C.M.P.No.61 of 2015, the petitioner has filed this petition, requesting to transfer the maintenance case in M.C.No.577 of 2014 from the file of the Family Court No.I, Chennai to the file of Family Court, Madurai to be tried along with the above said matrimonial proceedings.

4.Mr.P.Mahendran, learned counsel appearing for the petitioner has submitted that the earlier matrimonial proceedings in H.M.O.P.No.4942 of 2014 was transferred from the file of Family Court No.II, Chennai to the file of Family Court, Madurai and renumbered as H.M.O.P.No.879 of 2015 and the same is pending on the file of the Family Court, Madurai and therefore, he has submitted that for taking a better decision and speedy disposal, the maintenance case in M.C.No.577 of 2014 might also be https://hcservices.ecourts.gov.in/hcservices/

transferred to the Family Court, Madurai from the file of Family Court No.I, Chennai.

5.Despite service of notice on the respondent, she has not chosen to appear either in person or through a counsel and therefore, there is no other go for this Court excepting to dispose this transfer civil miscellaneous petition on merits after hearing the learned counsel appearing for the petitioner.

6.On considering the submission made by the learned counsel appearing for the petitioner and on perusal of the grounds of petition as well as based on the earlier order dated 13.06.2015 and made in Tr.C.M.P.No.61 of 2015, this Court finds that it might be better to allow this transfer civil miscellaneous petition.

7.Accordingly, this Transfer Civil Miscellaneous petition is allowed and the maintenance case in M.C.No.577 of 2014 is ordered to be withdrawn from the file of the Family Court No.I, Chennai and transferred to the file of Family Court, Madurai to be tried along with H.M.O.P.No.302 of 2013 and H.M.O.P.No.879 of 2015. The Family Court, Madurai is also directed to dispose of all the three matrimonial proceedings expeditiously. No costs. Consequently, connected M.P.is closed. Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar.

To 1.The Family Court No.I, Chennai .

2.The Family Court, Madurai.

+1CC to Mr.P.Mahendran,Advocate, SR.No.1021 Tr.C.M.P.(MD)No.275 of 2015 07.01.2016 AM/03.02.2016/SK.SKN/2P/4C https://hcservices.ecourts.gov.in/hcservices/