Madras High Court
V.P.Arun vs V.S.Mahalakshmi on 30 April, 2021
Tr CMP (MD) Nos. 83 and 163 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :30.04.2021
CORAM:
THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN
Tr.C.M.P.(MD) Nos.83 and 163 of 2021
and
C.M.P.(MD)Nos.1698 and 3126 of 2021
In Tr.C.M.P(MD)No.83 of 2021:
V.P.Arun ... Petitioner
-vs-
V.S.Mahalakshmi ... Respondent
PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of the
Code of Civil Procedure, to withdraw HMOP.No.229 of 2020 pending on the file
of the learned Family Court, Tirunelveli and transfer the same to the file of
learned Family Court, Thanjavur to try along with HMOP.No.189 of 2019 on the
file of Family Court, Thanjavur.
For Petitioner : Mr.A.Mohamed Haneef
For Respondent : Mr.V.M.Jegadeesapandian
In Tr.C.M.P(MD)No.163 of 2021:
V.S.Mahalakshmi ... Petitioner
-vs-
V.P.Arun ... Respondent
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Tr CMP (MD) Nos. 83 and 163 of 2021
PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of the
Code of Civil Procedure, to withdraw HMOP.No.189 of 2019 on the file of the
Family Court, Thanjavur and transfer the same to the Family Court, Tirunelveli to
be tried along with HMOP.No.229 of 2020 on the file of the Family Court,
Tirunelveli.
For Petitioner : Mr.V.M.Jegadeesapandian
For Respondent : Mr.A.Mohamed Haneef
COMMON ORDER
Tr.C.M.P(MD)No.83 of 2021 is filed to withdraw HMOP.No.229 of 2020
pending on the file of the learned Family Court, Tirunelveli and transfer the same
to the file of learned Family Court, Thanjavur to try along with HMOP.No.189 of
2019 on the file of Family Court, Thanjavur.
2.Tr.C.M.P(MD)No.163 of 2021 is filed to withdraw HMOP.No.189 of
2019 on the file of the Family Court, Thanjavur and transfer the same to the
Family Court, Tirunelveli to be tried along with HMOP.No.229 of 2020 on the
file of the Family Court, Tirunelveli.
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Tr CMP (MD) Nos. 83 and 163 of 2021
3. HMOP.No.189 of 2019 is filed by the husband for dissolution of
marriage before the Family Court, Thanjavur and HMOP.No.229 of 2020 is filed
by the wife before the Family Court, Tirunelveli for restitution of conjugal rights.
4. Both the learned counsel appearing for the parties in both petitions are
heard. This Court has perused the materials available on record.
5. It is seen that both that parties had initiated two different proceedings in
two different courts. If the cases are tried by different courts, it would lead to
conflicting judgments. Therefore, this Court is of the view that it would be
appropriate, if both the cases are conducted in one court, for which, the learned
counsel appearing on either side submitted that both that cases may be transferred
to the file of Family Court, Madurai.
6. In view of the same, HMOP.No.229 of 2020 pending on the file of the
learned Family Court, Tirunelveli and HMOP.No.189 of 2019 pending on the
file of the Family Court, Thanjavur are withdrawn and transferred to the file of
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Tr CMP (MD) Nos. 83 and 163 of 2021
the Family Court, Madurai, for disposal as per law. The Judge, Family Court,
Thanjavur and the Judge, Family Court, Tirunelveli are directed to transmit the
respective papers to the file of the Family Court, Madurai, forthwith. The Judge,
Family Court, Madurai is directed to club HMOP.No.189 of 2019 along with
HMOP.No.229 of 2020 together and dispose the same on merits and in
accordance with law as expeditiously as possible.
7. The personal appearance of the parties before the Family Court, Madurai
is dispensed with, except on the dates of hearing, on which, the learned Judge
insists upon the parties to appear before the Court. On other hearing dates, the
counsel on behalf of the parties may appear before the court.
8. In fine, both Transfer Civil Miscellaneous Petitions are disposed of. No
costs. Consequently, connected miscellaneous petitions are closed.
30.04.2021
Internet : Yes / No
Index : Yes / No
msa
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Tr CMP (MD) Nos. 83 and 163 of 2021
To:
1. The Judge, Family Court, Thanjavur
2. The Judge, Family Court, Tirunelveli
3. The Judge, Family Court, Madurai
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Tr CMP (MD) Nos. 83 and 163 of 2021
A.A.NAKKIRAN, J.
MSA
Order made in
Tr.C.M.P.(MD) Nos.83 and 163 of 2021
and
C.M.P.(MD)Nos.1698 and 3126 of 2021
Dated:
30.04.2021
https://www.mhc.tn.gov.in/judis/
