Madras High Court
J.Charles vs Vijaya Sathiay Selvi.J on 2 March, 2020
Author: R.Tharani
Bench: R.Tharani
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated: 02.03.2020
CORAM
THE HONOURABLE Mrs. JUSTICE R.THARANI
TR C.M.P (MD) No.458 of 2019
and
C.M.P(MD) No.10438 of 2019
J.Charles .... Petitioner
-Vs-
1.Vijaya Sathiay Selvi.J
2.Joseph Antony
3.J.Annathai J.,
4.J.Prabhakaran ... Respondents
Prayer: Transfer Civil Miscellaneous Petition is filed under Section 24
of Civil Procedure Code, to withdraw the G.W.O.P.No.2015 of 2013
pending on the file of the 3rd Additional Family Court, Chennai and
transfer the same to the file of Principal District Judge, Thoothukudi,
to be tried along with G.W.O.P.No.151 of 2015.
For Petitioner : Mr.S.Ramesh
For Respondents : Mr.P.Subbaraj
ORDER
The above Transfer Civil Miscellaneous petition has been filed seeking to withdraw the G.W.O.P.No.2015 of 2013 pending on the file of the 3rd Additional Family Court, Chennai and transfer the http://www.judis.nic.in 2 same to the file of Principal District Judge, Thoothukudi, to be tried along with G.W.O.P.No.151 of 2015.
2.On the side of the petitioner, it is stated that the petitioner being the father filed G.W.O.P.No.2015 of 2013 pending before the Third Additional Family Court, Chennai. The grandmother and maternal aunt filed G.W.O.P.No.151 of 2015 pending on the file of the Principal District Judge, Thoothukudi. It is also stated that both the cases are to be dealt with by the same judge and prayed that G.W.O.P.No.2015 of 2013 may be transferred to the Principal District Court, Thoothukudi.
3.The learned counsel for the respondent has no objection for allowing this petition.
4.The child is now in the custody of maternal grant parents. Hence, G.W.O.P.No.2015 of 2013, is withdrawn and transferred from the file of the Third Additional Family Court, Chennai, to the Principal District Court, Thoothukudi. The learned Judge, Third Additional Family Court, Chennai, is directed to transmit the entire records in G.W.O.P.No.2015 of 2013 to the file of the learned Principal District Judge, Thoothukudi. The learned Principal District Judge, Thoothukudi, is hereby directed to issue fresh summon to the http://www.judis.nic.in 3 respondent after the case is transferred and renumbered and also to tag G.W.O.P.No.2015 of 2013 along with G.W.O.P.No.151 of 2015, which is pending on his file, to conduct joint trial.
5.With the above directions, this Transfer Civil Miscellaneous Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.
02.03.2020 Index : Yes/No Internet : Yes/No cp To
1.The Third Additional Family Court, Chennai.
2.The Principal District Judge, Thoothukudi.
http://www.judis.nic.in 4 R.THARANI,J cp TR C.M.P (MD) No.458 of 2019 and C.M.P(MD) No.10438 of 2019 02.03.2020 http://www.judis.nic.in