S.Chandrasekaran vs Vishwamathi on 12 July, 2016

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Madras High Court

S.Chandrasekaran vs Vishwamathi on 12 July, 2016

Bench: C.T.Selvam

        

 
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.07.2016
CORAM
THE HONOURABLE MR.JUSTICE C.T.SELVAM
		 Tr.CMP.No.402 of 2016 and MP.No.10665 of 2015
and
Tr.CMP.No.782 of 2015 and M.P.No.1 of 2015

 Tr.CMP.No.402 of 2016

S.Chandrasekaran					                     .. Petitioner  				                            
						.Vs.
1.Vishwamathi	
2.Minor.Lavanya
3.Minor.Dhaukumar
(2 & 3 Minors rep.by their mother
and natural guardian Vishwamathi)			           .. Respondents 

Prayer in Tr.CMP.No.402 of 2015: Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil Procedure Code, 1906, praying to withdraw the petition in HMOP.No.2 of 2015  pending on the file of Sub Court, Madurantakam, Kanchipuram District and to transfer the same to the learned Principal Sessions Court, Chengalpattu, Kanchipuram District.

Tr.CMP.No.782 of 2015

Vishwamathi						              .. Petitioner 
					vs.
S.Chandrasekaran						  .. Respondent 


Prayer in Tr.CMP.No.782 of 2015:Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil Procedure Code, 1906, praying to withdraw the petition in HMOP.No.2881 of 2014 pending on the file of 1st Additional Family Court, Chennai and to transfer the same to the Sub Court, Maduranthagam, Kanchipuram District to be tried along with O.P.No.2 of 2015.

	        For petitioner   : M/s.S.Deivasigamani(Tr.CMP.No.402 of 2016)
                  For Respondent : M/s.G.Palani (Tr.CMP.No.402 of 2016
	        For Petitioner  :  M/s.G.Palani(Tr.CMP.No.782 of 2015)
                 For Respondents : Mr.S.Deivasigamani (Tr.CMP.No.782 of 2015)
              
				 C O M M O N  O R D E R

Husband has filed Tr.CMP.No.402 of 2016 seeking transfer of HMOP.No.2 of 2015 on the file of learned subordinate Judge, Madurantakam, to the file of learned Principal Sessions Judge, Chengalpattu, Kanchipuram District. Wife has filed Tr.CMP.No.782 of 2015 seeking transfer of HMOP.No.2881 of 2014 on the file of I Additional Family Court, Chennai, to the file of Sub Court, Maduranthagam, Kanchipuram District, to be jointly tried with H.MO.P.No.2 of 2015.

2. Heard learned counsel for petitioners and learned counsel for respondents.

3.Considering the rival submissions and intent of Section 19 of the Hindu Marriage Act as amended, this Court directs transfer of HMOP.No.2881 of 2014 on the file of First Additional Family Court, Chennai to the file Sub Court, Madurantakam, to be jointly tried with H.MO.P.No.2 of 2015.

In the result,

(i)Tr.CMP.No.402 of 2016 shall stand dismissed.

(ii)Tr.CMP.No.782 of 2015 shall stand allowed.

No costs. Consequently, connected Miscellaneous Petitions are closed.


						                                       18.07.2016
Index       : Yes/No
Internet    : Yes/No
kkd

To

1. The Sub Court,  Madurantakam.

2.The Principal Sessions Court, Chengalpattu, Kanchipuram District

3.The First Additional Family Court, Chennai.

C.T.SELVAM,J.

kkd Tr.CMP.No.402 of 2016 and MP.No.10665 of 2015 and Tr.CMP.No.782 of 2015 and M.P.No.1 of 2015 18.07.2016

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