R.Anupriya vs D.Raghu
2022 Latest Caselaw 10020 Mad

                                                                                Tr.C.M.P.No.741 of 2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 14.06.2022

                                                      CORAM:

                                  THE HONOURABLE MRS.JUSTICE S.KANNAMMAL


                                               Tr.C.M.P.No.741 of 2021
                                             and C.M.P.No.17879 of 2021

                 R.Anupriya                                           ... Petitioner
                                                       Versus

                 D.Raghu                                              ... Respondent

                       Transfer Civil Miscellaneous Petition is filed under Section 24 (1) of the
                 Code of Civil Procedure, to order for withdraw and transfer of
                 H.M.O.P.No.3035 of 2018 pending on the file of the I Additional Family
                 Court, Chennai to the Sub-Court at Thiruvallur for joint trial along with
                 H.M.O.P.No.8 of 2019.

                                          For Petitioner : Mr.S.Conscious Ilango
                                          For Respondent : Mr.S.Rajendran

                                                      ORDER

The present Transfer Civil Miscellaneous Petition is filed to withdraw

and transfer of H.M.O.P.No.3035 of 2018 pending on the file of the I

Additional Family Court, Chennai to the Sub-Court, Thiruvallur for joint trial

along with H.M.O.P.No.8 of 2019.

https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.741 of 2021

2.The respondent/husband has filed H.M.O.P.No.3035 of 2018 before

the I Additional Family Court, Chennai for divorce. The petitioner/wife has

filed H.M.O.P.No.8 of 2019 before the Sub-Court at Thiruvallur for restitution

of conjugal rights.

3.The learned counsel for the petitioner/wife submitted that the

petitioner is unemployed and even struggling to meet out the day-to-day

expenses in maintaining herself and she is residing at Chennai, finds it very

difficult for her to travel from Chennai to Thiruvallur for attending the Court

on every hearing in H.M.O.P.No.3035 of 2018 on the file of the I Additional

Family Court, Chennai.

4.The learned counsel for the respondent submitted that he has no

objection to allow this petition.

5.This Court is satisfied with the reasons stated in the affidavit filed in

support of this petition. Further, since two cases are pending from two

different Courts i.e., the wife filed a petition for restitution of conjugal rights

and the husband filed an application for divorce, to avoid multiplicity of

https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.741 of 2021

proceedings and conflicting judgments, both the cases have to be tried

together before a single Judge.

6. Considering the facts and circumstances of the case and considering

the submission made by the learned counsel for the petitioner,

H.M.O.P.No.3035 of 2018 is withdrawn from the file of the I Additional

Family Court, Chennai and transferred to the file of the Sub-Court, Thiruvallur

to be tried along with H.M.O.P.No.8 of 2019 for disposal as per law. The

learned I Additional Family Court, Chennai, is directed to transmit the papers

to the Sub-Court, Thiruvallur forthwith. The learned Sub-Judge, Thiruvallur is

directed to dispose H.M.O.P.No.3035 of 2018 along with H.M.O.P.No.8 of

2019 on merits and in accordance with law as expeditiously as possible.

7. In fine, this petition is allowed. No costs. Consequently, connected

miscellaneous petition is closed.

                                                                              14.06.2022

                 Internet : Yes / No
                 Index    : Yes / No
                 gbi





https://www.mhc.tn.gov.in/judis
                                                                    Tr.C.M.P.No.741 of 2021




                                                                 S.KANNAMMAL, J.
                                                                                      gbi




                 To:

1. The I Additional Family Court, Chennai.

2. The Sub-Court, Thiruvallur.

Tr.C.M.P.No.741 of 2021

14.06.2022

https://www.mhc.tn.gov.in/judis