R.Dhanalakshmi vs R.Rajasekhar
2022 Latest Caselaw 10088 Mad

                                                                                 Tr.C.M.P.No.553 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.553 of 2021


                 R.Dhanalakshmi                                       ... Petitioner
                                                         -vs-

                 R.Rajasekhar                                         ... Respondent

                        Transfer Civil Miscellaneous Petition is filed under Section 24 (1) of the
                 Code of Civil Procedure, to withdraw H.M.O.P.No.1598 of 2016 on the file of
                 the II Additional Family, Court, Chennai and transfer it to the file of the I
                 Additional Family Court, Chennai to be tried along with H.M.O.P.No.3791 of
                 2014

                                          For Petitioner : Mr.N.Karthikeyan
                                          For Respondent : Mr.S.P.S.Muralidharan

                                                      ORDER

The present Transfer Civil Miscellaneous Petition is filed to withdraw

and transfer of H.M.O.P.No.1598 of 2016 pending on the file of the II

Additional Family Court, Chennai to the I Additional Family Court, Chennai

for joint trial along with H.M.O.P.No.3791 of 2014.

https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.553 of 2021

2.The petitioner/wife has filed H.M.O.P.No.1598 of 2016 before the II

Additional Family Court, Chennai for restitution of conjugal rights. The

respondent/husband has filed H.M.O.P.No.3791 of 2014 before the I

Additional Family Court, Chennai for divorce.

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

parties are not willing for re-union and they are proposed to file a petition

under Section 13B for mutual divorce. The petitioner/wife has filed a petition

in H.M.O.P.No.1598 of 2016 before the II Additional Family Court, Chennai,

for restitution of conjugal rights and the respondent/husband filed a petition in

H.M.O.P.No.3791 of 2014 before the I Additional Family Court, Chennai, for

divorce. Both the cases are pending before the respective Courts as stated

above. Therefore, the petitioner submitted that it would be in the interest of

justice if both the petitions are tried in one Court i.e., the I Additional Family

Court, Chennai.

4.Heard the learned counsel for the petitioner as well as the respondent

and perused the materials available on record.

https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.553 of 2021

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

support of this petition. Further, to avoid multiplicity of 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 counsels for the parties, H.M.O.P.No.1598

of 2016 is withdrawn from the file of the II Additional Family Court, Chennai

and transferred to the file of the I Additional Family Court, Chennai to be tried

along with H.M.O.P.No.3791 of 2014 for disposal as per law. The Judge, II

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

Judge, I Additional Family Court, Chennai forthwith. The learned Judge, I

Additional Family Court, Chennai is directed to dispose H.M.O.P.No.1598 of

2016 along with H.M.O.P.No.3791 of 2014 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.

                 gbi                                                                 14.06.2022

                 Internet         :     Yes / No
                 Index            :     Yes / No



https://www.mhc.tn.gov.in/judis
                                                                            Tr.C.M.P.No.553 of 2021




                                                                         S.KANNAMMAL, J.
                                                                                              gbi



                 To:

1. The Judge, I Additional Family Court, Chennai.

2. The Judge, II Additional Family Court, Chennai.

Tr.C.M.P.No.553 of 2021

14.06.2022

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