Madras High Court
C.Thennarasi vs R.Raji on 18 November, 2016
Author: K.K.Sasidharan
Bench: K.K.Sasidharan
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 18.11.2016 CORAM: THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN Transfer CMP No.386 of 2016 and CMP.No.10331 of 2016 C.Thennarasi ...Petitioner versus R.Raji ...Respondent PRAYER: Tr.C.M.P. filed under Section 24 of C.P.C., to withdraw the case in IDOP No.32 of 2016 on the file of Principal District Court at Thiruvallur and transfer the same to Hon'ble I Additional Family Court at Chennai. For Petitioner : Mr.R.Arun Kumar For Respondent : No appearance O R D E R
The respondent initiated proceedings against the petitioner for divorce in IDOP No.32 of 2016 on the file of Principal District Court, Thiruvallur. The petitioner, thereafter filed IDOP No.1613 of 2016 before the I Additional Family Court at Chennai, praying for restitution of conjugal rights. The petitioner has come up with this petition for transfer of the proceedings in IDOP No.32 of 2016.
2. Heard the learned counsel for the petitioner. None appears on behalf of the respondent, in spite of printing his name in the cause list after service.
3. There are two proceedings now before two different Courts. The proceedings initiated by the respondent for divorce is pending before the Principal District Court at Thiruvallur. The proceedings initiated by the petitioner for Restitution of Conjugal rights is pending before the I Additional Family Court at Chennai. In view of the common issue raised in both the proceedings, I consider it deem and fit to transfer the proceedings in IDOP No.32 of 2016.
4. The proceedings in I.D.O.P.No.32 of 2016 is withdrawn from the file of Principal District Court, Thiruvallur and is transferred to the file of I Additional Family Court, Chennai, for disposal along with I.D.O.P No.1613 of 2016
5. The Transfer Civil Miscellaneous Petition is allowed as indicated above. No costs. Consequently, connected miscellaneous petition is closed.
18.11.2016 Index:Yes/No svki To
1.The Principal District Court, Thiruvallur
2.The I Additional Family Court, Chennai K.K.SASIDHARAN,J.
(svki) Transfer CMP No.386 of 2016 18.11.2016 http://www.judis.nic.in