Madras High CourtTR CMP(MD)/70/2017allowed

M.Sharmiladevi v. Satish

2017-04-25Honourable Mr Justice R. Subramanian3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 25.04.2017

CORAM

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and and C.M.P(MD)Nos.1824 of 2017 and 9042 of 2016 M.Sharmiladevi .. Petitioner/Plaintiff vs.

1.Satish 2.The District Organizer, Aathi Tamil Peravai, Aathi Tamilan Suyamariyathai Marriage Centre, No.67, Gandhiji Road, First Floor, Venkatgeswara Apartments, Near Kalaimaadu Statue, Erode District - 638 001.

3.The Registrar of Marriages, Registrar Office, Erode, Erode District.

4.The District Collector, Collectorate, Erode District.

.. Respondent 1 to 4/ Defendants 1 to 4 M.Sharmiladevi .. Petitioner/Respondent vs.

Satish

...Respondent/Petitioner

Common Prayer: Transfer Civil Miscellaneous Petitions filed under Section 24 of the Civil Procedure Code, praying this Court to withdraw O.S.No.11 of 2016 and F.C.O.P.No.290 of 2016 from the

file of Family Court, Erode to the file of the learned Principal Sub-Court, Trichirappalli.

For Petitioner : Mr.C.Jeganathan for M/s.Veera Associates For Respondent-1 : M/s.K.Balasubramani For Respondents : No appearance 2 to 4 For Petitioner : Mr.C.Jeganathan for M/s.Veera Associates For Respondent : No appearance COMMON ORDER Tr.C.M.P(MD)No.70 of 2017 has been filed by the wife seeking transfer of O.S.No.11 of 2016 filed by her before Family Court, Erode seeking declaration that the marriage said to have been solemnized between the Plaintiff and first defendant on 9.6.2014 as null and void.

2.Tr.C.M.P.No.450 of 2016 has been filed by the wife, who is the respondent in F.C.O.P.No.290 of 2016, pending on the file of Family Court, Erode. The said O.P has been filed by the husband seeking restitution of conjugal rights.

3.It is seen from the records that wife is a permanent resident of Trichy. Though it is claimed by the husband that the wife is now working at Chennai, she denies the same and states that she is a permanent resident of Trichy and she is only temporarily residing at Chennai.

4.Considering the fact that the wife is a permanent resident of Trichy, both O.S.No.11 of 2016 and F.C.O.P.No.290 of 2016 are withdrawn from the file of Family Court, Erode and transferred to the file of Family Court at Trichirappalli. The Family Court,Erode is directed to despatch the papers in both the proceedings to Family Court, Trichirappalli within a period of four weeks from the date of receipt of a copy of this order. The Family Court, Trichirappalli is directed to dispose of the above two proceedings as expeditiously as possible.

5.With the above directions, these Transfer Civil

Miscellaneous Petitions are allowed. Consequently, connected Miscellaneous Petitions are closed. No costs. Sd/- Assistant Registrar(Writs) /True copy/ Sub Assistant Registrar To 1.The Judge, Family Court, Erode.

2.The Judge, Family Court, Trichy.

+1 cc to Mr.Veera Associates , Advocate in SR.No. 54170 +1 cc to Mr.Veera Associates , Advocate in SR.No. 54175 +1 cc to Mr.K.Balasubramani , Advocate in SR.No. 53867 vsn AE/JC/05.05.2017/3P/6C and and C.M.P(MD)Nos.1824 of 2017 and 9042 of 2016 25.04.2017