Madras High CourtTR CMP(MD)/504/2016ordered

Manicka Jothi, v. Chinna Raja

2016-12-21Honourable Mr Justice N. Kirubakaran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.12.2016

CORAM:

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN TR.CMP(MD)No.504 of 2016 & C.M.P(MD)No.10153 of 2016 TR.CMP(MD)No.507 of 2016 TR.CMP(MD)No.504 of 2016:- Manicka Jothi ... Petitioner/Respondent Vs.

Chinna Raja ... Respondent/Petitioner Prayer: Petition filed under Section 24 of Code of Civil Procedure to withdraw and transfer the case in H.M.O.P.No.125 of 2015 on the file of the learned Sub-Judge, Pudukkottai and transfer the same to Family Court, Trichy or any other competent Court at Trichy. TR.CMP(MD)No.507 of 2016:- 1.Manicka Jothi 2.Minor C.Srija ... Petitioners/Petitioners Vs.

Chinna Raja ... Respondent/Respondent Prayer: Petition filed under Section 24 of Code of Civil Procedure to withdraw and transfer the case in M.C.No.1 of 2016 on the file of the learned Judicial Magistrate, Keeranoor to the learned Judicial Magistrate No.1, Trichy.

For Petitioner in both petitions : Mr.B.Jameel Arasu For Respondents in both petitions :Mr.K.P.Narayanakumar * * * * * COMMON JUDGMENT The wife has come before this Court seeking transfer of H.M.O.P.No.125 of 2015 filed by the respondent/husband before the Sub-Court, Pudukkottai, for divorce and also the case in M.C.No.1 of 2016 filed by the petitioner/wife before the learned Judicial Magistrate, Keeranur, to the file of the learned Judicial Magistrate No.1, Trichy.

2. Heard the learned Counsel appearing for the petitioner and the learned Counsel appearing for the respondent in both the petitions.

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3. The petitioner and the respondent got married on 03.06.2013 and a girl baby was born and thereafter, a dispute arose leading to the filing of the above cases. Due to practical difficulties to appear before the Courts below, the petitioner seeks transfer of all the above proceedings to the file of the learned Judicial Magistrate No.1, Trichy.

4. The learned Counsel appearing for the respondent has no objection to transfer all the cases to the file of the learned Judicial Magistrate No.1, Trichy.

"5.Accordingly, Tr.C.M.P(MD)Nos.504 and 507 of 2016 are ordered and the cases in H.M.O.P.No.125 of 2015 on the file of the Sub-Court, Pudukkottai and M.C.No.1 of 2016 on the file of the Judicial Magistrate Court, Keeranur, are transferred to the file of the Family Court, Trichy. Both the parties are directed to cooperate with the Family Court, for the early disposal of the above cases. In H.M.O.P.No.125 of 2015, the petitioner/wife is directed to file counter on 20.01.2017 and thereafter, she shall co-operate with the Court for early disposal. The learned Family Court, Trichy, is directed to dispose of all the matters by the end of April 2017. No costs. Consequently, connected Miscellaneous petition is closed.

Sd/- Assistant Registrar(C.O) (*)DELETED PARAGRAPH NO.5 AND SUBSTITUTED NEW PARAGRAPH NO.5 AS PER ORDER OF COURT DATED 4.1.2017 IN TR.CMP(MD)NO.504/2016 AND CMP(MD)NO.10153/2016 AND TR.CMP(MD)NO.507/2016 /True Copy/ Sub-Assistant Registrar TO (*)TO BE SUBSTITUTED FOR THE ODER ALREADY DESPATCHED ON 23.12.2016 1.The Subordinate Judge, Pudukkottai.

2.The Judge, Family Court, Trichy.

3.The Judicial Magistrate, Keeranoor 4.The Judicial Magistrate No.1, Trichy +One cc to Mr.K.P.Narayana Kumar, Advocate, SR.No.688 +2ccs to Mr.B.Jameel Arasu, Advocate, SR.Nos.82769 and 82770 gsr RL/8C/2P/PV/SAR2/22.12.2016 RL/8C/2P/SS3/SARI/5.1.2017 Tr.C.M.P(MD).Nos.504 & 507 of 2016 https://hcservices.ecourts.gov.in/hcservices/ 21.12.2016