Madras High Court
C.Janani vs S. S. Nakeeran on 5 October, 2021
Tr.C.M.P.No.631 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.10.2021
CORAM:
THE HONOURABLE MRS.JUSTICE S. KANNAMMAL
Tr.C.M.P.No.631 of 2021 and
CMP.No.15886 of 2021
[Through video conferencing]
C.Janani ... Petitioner
Vs.
S. S. Nakeeran ... Respondent
PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24
read with Section 151 of the Code of Civil Procedure, to withdraw
F.C.O.P.No.204 of 2020 on the file of the Family Court, Chengalpattu and
transfer the same before the IV Additional Family Court, Chennai.
For Petitioner : Mr.K.Kathiresan
For Respondent : No Appearance
ORDER
The present Transfer Civil Miscellaneous Petition is filed to
withdraw F.C.O.P.No.204 of 2020 on the file of the Family Court,
Chengalpattu and transfer the same before the IV Additional Family Court,
Chennai.
https://www.mhc.tn.gov.in/judis/
Tr.C.M.P.No.631 of 2021
2.The petitioner/wife has filed a Divorce petition in F.C.O.P.No.204
of 2020 before the Family Court, Chengalpattu and simultaneously the
respondent/husband herein has filed a petition in H.M.O.P.No.443 of 2020 for
restitution of conjugal rights before the IV Additional Family Court, Chennai,
and both the cases are still pending before the respective Courts.
3.The learned counsel for the petitioner/wife submitted that the
petitioner is having 8 years old male child and that she has no source of
income and she is depending on her parents for her day to day expenses and
she is taking care of them. He would further submit that the petitioner being
lady, she was unable to travel all along from Chennai to Chengalpattu for
attending the Court on every hearing in F.C.O.P.No.204 of 2020 on the file of
the Family Court, Chengalpattu and H.M.O.P.No.443 of 2020 on the file of the
IV Additional Family Court, Chennai, simultaneously. Therefore she seeks to
transfer the case in F.C.O.P.No.204 of 2020 from the file of the Family Court,
Chengalpattu to the file of the IV Additional Family Court, Chennai to be tried
along with H.M.O.P.No.443 of 2020 pending on the file of the IV Additional
Family Court at Chennai.
https://www.mhc.tn.gov.in/judis/
Tr.C.M.P.No.631 of 2021
4.There is no representation on behalf of the respondent. Heard the
learned counsel for the petitioner and perused the materials available on
record.
5.This Court is satisfied with the reasons stated in the affidavit filed in
support of this petition. Further, since two cases are pending in two different
Courts i.e., the husband filed a petition for restitution of conjugal rights and
the wife filed an application for divorce, to avoid multiplicity of proceedings
and conflicting judgments, it would be appropriate that both the cases have to
be tried before a single Judge.
6.Considering the facts and circumstances of the case and
considering the submissions made by the learned counsel for the petitioner,
F.C.O.P.No.204 of 2020 is withdrawn from the file of the Family Court,
Chengalpattu and transferred to the file of the IV Additional Family Court,
Chennai to be tried along with H.M.O.P.No.443 of 2020 for disposal as per
law. The learned Family Judge, Chengalpattu, is directed to transmit the
papers to the IV Additional Family Judge, Chennai forthwith. The learned IV
Additional Family Judge, Chennai is directed to dispose of F.C.O.P.No.204 of
https://www.mhc.tn.gov.in/judis/
Tr.C.M.P.No.631 of 2021
S. KANNAMMAL, J.
gbi
2020 along with H.M.O.P.No.443 of 2020 on merits and in accordance with
law as expeditiously as possible.
7.In fine, this Transfer Civil Miscellaneous Petition is allowed. No
costs. Consequently, the connected miscellaneous petition is also closed.
05.10.2021
Internet : Yes / No
Index : Yes / No
gbi
To:
1.The Judge,
The Family Court, Chengalpattu.
2.The Judge,
IV Additional Family Court, Chennai.
Tr.C.M.P.No.631 of 2021
https://www.mhc.tn.gov.in/judis/
