Madras High Court
G.Vellangannan @ Devachandran vs A.Angelin Anitha on 16 September, 2019
Author: V.Bhavani Subbaroyan
Bench: V.Bhavani Subbaroyan
Tr.C.M.P.Nos.606 & 693 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 16.09.2019
CORAM
THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
Tr.C.M.P.Nos.606 and 693 of 2019
and
C.M.P.No.17322 of 2019
Tr.C.M.P.No.606 of 2019:
G.Vellangannan @ Devachandran
....Petitioner
Vs.
A.Angelin Anitha
...Respondent
Prayer in Tr.C.M.P.No.606 of 2019: The Transfer Civil Miscellaneous
Petition is filed under Section 24 of Civil Procedure Code, to withdraw the
IDOP. No.167 of 2018, pending on the file of the Principal District Court,
Thiruvallur and transfer the same to the Principal District Court,
Thriuvannamalai, to be tried along with IDOP. No.13 of 2018 pending on
the file of the learned Principal District Judge, Thiruvannamalai.
For Petitioner : Mr.K.V.Sanjeev Kumar
For Respondent : Mr.S.Vijay Anand
Tr.C.M.P.No.693 of 2019:
A.Angelin Anitha ....Petitioner
Vs.
G.Vellangannan @ Devachandran
....Respondent
1
http://www.judis.nic.in
Tr.C.M.P.Nos.606 & 693 of 2019
Prayer in Tr.C.M.P.No.693 of 2019: The Transfer Civil Miscellaneous
Petition is filed under Section 24 of Civil Procedure Code, to withdraw the
IDOP. No.13 of 2018, pending on the file of the Principal District Court,
Thiruvannamalai and transfer the same to the Principal District Court,
Thriuvallur, where the petitioner's IDOP. NO.167 of 2018.
For Petitioner : Mr.S.Vijay Anand
For Respondent : Mr.K.V.Sanjeev Kumar
COMMON ORDER
Tr.C.M.P.No.606 of 2019 is filed by the wife to withdraw the IDOP. No.13 of 2018, pending on the file of the Principal District Court, Thiruvannamalai and transfer the same to the Principal District Court, Thriuvallur and try along with IDOP. NO.167 of 2018 filed by the petitioner.
2. Tr.C.M.P.No.693 of 2019 is filed by the husband to withdraw the IDOP. No.167 of 2018, pending on the file of the Principal District Court, Thiruvallur and transfer the same to the Principal District Court, Thriuvannamalai, to be tried along with IDOP. No.13 of 2018 pending on 2 http://www.judis.nic.in Tr.C.M.P.Nos.606 & 693 of 2019 the file of the learned Principal District Judge, Thiruvannamalai.
3. For the sake of convenience, the parties are referred as per their relationship.
4. The case of the wife is that the marriage was solemnized on 09.02.2014 according to Christian rites and customs. In the wedlock, one female child was born viz., Vinishka Jose D, aged about 5 years. The husband has given importance to her sister and his sister's child, thereby, he neglected to maintain his wife and child. The husband sent his wife to her parental house without any valid reason. Now the couple was living separately.
5. The case of the husband is that the marriage took place with the consent of both the family members. After the marriage, the couple was staying together in husband's house. The husband is working as a teacher in Government High School. The husband used to take extra classes for the student. So that the husband used to return the home little late that was not liked by his wife. Further the wife refused to live with her husband and left the matrimonial home without any valid reason. 3 http://www.judis.nic.in Tr.C.M.P.Nos.606 & 693 of 2019
6. The husband has filed a petition in IDOP. No.13 of 2018, before the learned Principal District Court, Mayiladuthurai, for divorce. In the meanwhile, the wife has filed a petition in IDOP. No.167 of 2018 before the Principal District Court, Tiruvallur for restitution of conjugal rights.
7. Heard the learned counsel for the wife as well as the husband and also perused the materials available on record.
8. Considering the facts and circumstances of the case and considering the convenience of both the parties, this Court is of the view that the original petition in IDOP. No.13 of 2018 on the file of the Principal District Court, Thiruvannamalai filed by the husband for divorce and the other petition in IDOP. No.167 of 2018 on the file of the Principal District Court, Thiruvallur filed by the wife for Restitution of Conjugal Rights are to be withdrawn and transferred both the petitions to the file of the Family Court, Kancheepuram. Further, this Court directs both the parties to cooperate with the proceedings.
4 http://www.judis.nic.in Tr.C.M.P.Nos.606 & 693 of 2019
9. With the above directions, these Transfer Miscellaneous petitions are disposed of. The Original Petitions in IDOP. No.13 of 2018 on the file of the Principal District Court, Thiruvannamalai and IDOP. No.167 of 2018 on the file of the Principal District Court, Thiruvallur are withdrawn and the same to be transferred and tried together to the file of the Family Court, Kancheepuram. No Costs. Consequently, the connected miscellaneous petitions are closed.
16.09.2019 Index: Yes/ No Internet: Yes/ No rli To
1. The Principal District Court, Thiruvannamalai.
2. The Principal District Court, Tiruvallur.
3. The Family Court, Kancheepuram.
5 http://www.judis.nic.in Tr.C.M.P.Nos.606 & 693 of 2019 V.BHAVANI SUBBAROYAN.,J.
rli Tr.C.M.P.Nos.606 and 693 of 2019 and C.M.P.No.17322 of 2019 16.09.2019 6 http://www.judis.nic.in