Pandiselvi v. A.Kannan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.07.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and C.M.P.(MD)Nos.8564, 8568 and 8572 of 2024 1.Pandiselvi 2.K.Ajai 3.Minor Vijaya Darshini Rep. by mother & Guaridan Pandiselvi/1st petitioner ... Petitioners in all petitions vs.

A.Kannan ... Respondent in all petitions Prayer in TR.C.M.P.(MD)No.391 of 2024:- Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C., to withdraw the case in HMOP No.112 of 2018 on the file of the learned Principal Sub Court, Dindigul and transfer the same to the file of the Family Court, Madurai.

Prayer in TR.C.M.P.(MD)No.392 of 2024:- Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C., to withdraw the case in GWOP No.7 of 2021 on the file of the learned Principal 1/5

District Judge, Dindigul and transfer the same to the file of the Family Court, Madurai.

Prayer in TR.C.M.P.(MD)No.393 of 2024:- Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C., to withdraw the case in M.C.No.10 of 2023 on the file of the learned Judicial Magistrate, Madurai and transfer the same to the file of the Family Court, Madurai.

In all petitions:

For Petitioners : Mr.K.Appadurai For Respondent : Mr.S.Sankar COMMON ORDER All these petitions are filed by the petitioner/wife to transfer the cases between the same parties, namely, the guardian original petition in GWOP No.7 of 2021 on the file of the learned Principal District Judge, Dindigul; maintenance case in M.C.No.10 of 2023, which is pending on the file of the learned Judicial Magistrate, Madurai; and HMOP No.112 of 2018, which is pending on the file of the learned Principal Sub Court, Dindigul.

2/5

2.It can be seen that the parties are in different Courts. Though it is denied and contested by the learned counsel for the respondent/husband, the pleading of the wife is that now she is residing at Periyakulam, Theni District within the jurisdiction of the Family Court, Theni. The Family Court, Theni can try all the three petitions together. Therefore, it will be in the best interest of the parties to transfer these cases to the file of the Family Court, Theni. 3.In view thereof, all the three Transfer Civil Miscellaneous Petitions are allowed and the cases in GWOP No.7 of 2021 pending on the file of the learned Principal District Judge, Dindigul; M.C.No. 10 of 2023 [It is stated that it is in the stayed where the petitioner is set ex parte and he has filed a petition to set aside the ex parte order] on the file of the learned Judicial Magistrate, Madurai; and HMOP No.112 of 2018, pending on the file of the learned Principal Sub Court, Dindigul, are all withdrawn and transferred to the file of the Family Court, Theni, to be tried together.

3/5

No costs. Consequently, connected miscellaneous petitions are closed. 26.07.2024 NCC : Yes / No sji To 1.The Principal District Judge, Dindigul.

2.The Judicial Magistrate, Madurai.

3.The Principal Sub Court, Dindigul.

4.The Family Court, Theni.

4/5

D.BHARATHA CHAKRAVARTHY, J.

sji and C.M.P.(MD)Nos.8564, 8568 and 8572 of 2024 26.07.2024 5/5