Madras High CourtTR CMP(MD)/323/2024allowed

Nithya v. Ramprasath

2024-07-25Honourable Mr Justice D.Bharatha Chakravarthy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated:25.07.2024

CORAM

THE HONOURABLE MR JUSTICE D.BHARATHA CHAKRAVARTHY and C.M.P(MD)Nos.7192, 7194, 9762 and 9789 of 2024 Nithya ... Petitioner/Respondent in both cases Vs.

Ramprasath

...Respondent/Petitioner

in both cases Prayer in Tr.C.M.P(MD)No.323 of 2024: The Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the restitution of conjugal rights petition in H.M.O.P.No.321 of 2016 on the file of the Family Court, Madurai and to transfer the same to the Family Court, Chengalpattu.

Prayer in Tr.C.M.P(MD)No.324 of 2024: The Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the petition in G.W.O.P.No.15 of

2018 on the file of the Family Court, Madurai and to transfer the same to the Family Court, Chengalpattu.

For Petitioner :Mr.P.Balamurugan For Respondent :Mr.Ramprasath(Party-in-person) (in both cases) COMMON ORDER Both the transfer civil miscellaneous petitions are between the same parties and connected, and as such are taken up together and disposed of by the common order.

2.Even though different prayers were made by the parties, when the matter came up for arguments, considering the fact that the wife is now residing in Thiruvanmiyur and the children are also studying in Thiruvanmiyur, considering the convenience of the parties, both sides made a joint request that the matters can be transferred to the file of the Family Court, Chennai. 3.In view thereof, these transfer civil Miscellaneous petitions are disposed of on the following terms:

(i)The G.W.O.P.No.15 of 2018 pending on the file of the Family Court, Madurai is withdrawn and transfer to the file of the Family Court, Chennai.

(ii)The HMOP.No.321 of 2016, which is also pending on the file of the Family Court, Madurai is also transferred to the file of the Family Court, Chennai. The HMOP.No.83 of 2020 which is pending on the file of the Principal Sub Judge, Chengalpattu is also withdraws and transferred to the file of the Family Court, Chennai. Let all the three matters be tried jointly. (iii)It is represented by the husband, who is appearing in person and the learned counsel appearing on behalf of the wife that so far the visitation request of the husband has been honoured and the husband is being visiting the child regularly and the same will be continued as per the existing arrangement. (iv)No cost.

Consequently, connected miscellaneous petitions are closed.

25.07.2024 NCC:Yes/No

D.BHARATHA CHAKRAVARTHY, J.

Ns To 1.The Family Court, Chennai.

2.The Principal Sub Judge, Chengalpattu.

and C.M.P(MD)Nos.7192, 7194, 9762 and 9789 of 2024 25.07.2024