Madras High CourtTR CMP(MD)/218/2017closed

Maragatharajan, v. Subathra,

2017-09-20Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :20.09.2017

CORAM

THE HONOURABLE MRS.JUSTICE J.NISHA BANU TR.C.M.P(MD)No.218 of 2017 and C.M.P.(MD).No.4961 of 2017 Maragatharajan ... Petitioner/Respondent Vs.

Subathra ... Respondent/Respondent Prayer:

This Transfer Miscellaneous Petition filed under Section 24 of Civil Procedure Code to withdraw H.M.O.P.No.43 of 2017 on the file of the Principal Sub-Court, Tenkasi, Tirunelveli District and transfer to the learned Family Court, Srivilliputur, Virudhunagar District for disposal of the same on merits and in accordance with law.

For Petitioner : Mr.M.Ramu For Respondent : Mr.S.P.Maharajan *******

ORDER

The petitioner herein is the husband of the respondent herein. He file this petition to withdraw H.M.O.P.No.43 of 2017 on the file of the Principal Sub-Court, Tenkasi, Tirunelveli District and transfer to the learned Family Court, Srivilliputur, Virudhunagar District.

2. The petitioner would aver among other things that the marriage between the petitioner and the respondent was solemnized on 25.04.2016. Thereafter, due to difference of opinion, the respondent filed a petition for divorce in H.M.O.P.No.43 of 2017 on the file of the Principal Sub-Court, Tenkasi, Tirunelveli District.

3. During the course of the arguments, it was stated that if the matter is mediated, there could be some settlement and accordingly, the matter was mediated by me and as a result, a joint compromise memo has been filed by both parties, in which, https://hcservices.ecourts.gov.in/hcservices/

both of them agreed to file a petition for mutual divorce. As per the compromise memo, the parties returned their respective items to each other. Further, the petitioner/husband paid one time settlement of Rs.2,50,000/- (Rupees Two Lakhs Fifty Thousand Only) to the respondent/wife and the same was received by her. Further, both of them have agreed not to prefer any civil or criminal complaint against each of them in future and they have decided to file an appropriate application before the Principal Sub-Court, Tenkasi, Tirunelveli District, for mutual divorce. The compromise memo was duly signed by the parties concerned as well as their respective counsels.

4. In the light of the development, if any application is preferred by the parties for mutual divorce, the Principal SubCourt, Tenkasi, is directed to dispose of the matter, as expeditiously as possible, preferably, within a period of one month from the date of filing of the petition by the parties.

5. With the above observations and discussions and recording the compromise memo dated , this transfer civil miscellaneous petition stands closed. No costs. Consequently, connected miscellaneous petition is closed. The said compromise memo dated 20.09.2017 shall form part of the record. Sd/- Assistant Registrar(Records) /True Copy/ Sub Assistant Registrar To, Encl: Xerox copy of Compromise memo (i)The Principal Sub-Court, Tenkasi, Tirunelveli District.

(ii)The Judge, Family Court, Srivilliputur, Virudhunagar District.

+ 1 cc TO Mr.S.P.Maharajan , Advocate in SR No. 80017 + 1 cc TO Mr.M.Ramu , Advocate in SR No. 80050 ssm AE/MR KKR/SAR2/5.10.2017/2P/5C TR.C.M.P(MD)No.218 of 2017 20.09.2017 https://hcservices.ecourts.gov.in/hcservices/