Blessline Sampath Kumar v. R.Arul Bhagyaraj

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.15158, 15342 and17136 of 2023 Tr.C.M.P(MD)Nos.677 and 688 of 2023 Blessline Sampath Kumar ... Petitioner/Respondent/ Wife in both cases Vs.

R.Arul Bhagyaraj

...Respondent/Petitioner/

Husband in both cases The Transfer Civil Miscellaneous Petitions are filed under Section 24 of the Code of Civil Procedure, to withdraw I.D.O.P.Nos.27 of 2022 and 98 of 2023 on the file of Principal District Judge, Madurai and transfer the same to the file of the Family Court, Madurai.

For Petitioner :Mr.P.Karthick For Respondent :Mr.P.Sivachandran (in both cases)

Tr.C.M.P(MD)No.765 of 2023 R.Arul Bhagyaraj ... Petitioner/Respondent/ Vs.

Blessline Sampath Kumar

...Respondent/Petitioner/

The Transfer Civil Miscellaneous Petitions are filed under Section 24 of the Code of Civil Procedure, to call for the records relating to the M.C.No.152 of 2023 on the file of the learned Family Judge, Madurai and withdraw and transfer the same to the Principal District Judge, Madurai.

For Petitioner :Mr.S.Sathya Chidambaram For Respondent :Mr.P.Karthick COMMON ORDER All the transfer civil miscellaneous petitions are filed as between the same parties and as such are taken up and disposed of by this common order.

2.The maintenance case filed in MC.No.152 of 2023 by the wife is spending before the Family Court, Madurai. While so, both parties have filed IDOP.No.27 of 2022 and 98 of 2023 on the file of the Principal District Judge, Madurai.

3.In view thereof, all the three matters have to be tried together. The Family Court has got jurisdiction even to try the IDOP. Therefore, the transfer civil miscellaneous petitions are ordered accordingly on the following terms:

(i)the IDOP.No.27 of 2022 and 98 of 2023 on the file of the Principal District Judge, Madurai are withdrawn and transfer to the file of the Family Court, Madurai, to be tried along with MC.No. 152 of 2023.

(ii)Pending the above transfer civil miscellaneous petitions, the parties were sent for mediation. In the course of the mediation, the husband, Arul Bhagyaraj had executed a deed of settlement settling house property in favour of his son viz., Jamie Jeromi Raj by Document No.3919, dated 20.06.2024 is recorded. Even though

the mediation has failed, the said reportable development which happened during the mediation is recorded by this Court. (iii)No costs. Consequently, connected miscellaneous petitions are also closed.

25.07.2024 NCC:Yes/No Index:Yes/No Internet:Yes/No Ns To 1.The Family Court, Madurai.

2.The Principal District Judge, Madurai.

D.BHARATHA CHAKRAVARTHY, J.

Ns and C.M.P(MD)Nos.15158, 15342 and17136 of 2023 25.07.2023