Madras High Court
G.S.Mahesh Kumar vs R.Aarthi on 4 August, 2016
Author: C.T.Selvam
Bench: C.T.Selvam
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.08.2016
CORAM
THE HONOURABLE MR.JUSTICE C.T.SELVAM
Tr.CMP.Nos.398 and 447 of 2016
and
C.M.P.No.10582 of 2016 in Tr.CMP.No.398 of 2016
and CMP.No.12003 of 2016 in Tr.CMP.No.447 of 2016
Tr.CMP.No.398 of 2016
G.S.Mahesh Kumar .. Petitioner
.Vs.
R.Aarthi .. Respondent
Prayer Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil Procedure Code, 1906, praying to withdraw the petition in HMOP.No.45 of 2016 pending on the file of Sub Court, Rasipuram to be tried along with O.P.No.938 of 2016 on the file of 1st Additional Family Court, Chennai.
Tr.CMP.No.447 of 2016
Aarthi .. Petitioner
vs.
G.S.Mahesh Kumar .. Respondent
Prayer : Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil Procedure Code, 1906, praying to withdraw the petition in OP.No.938 of 2016 pending on the file of Family Court No.I, Chennai and to transfer the same to the Sub Court, Rasipuram to be tried along with HMOP.No.45 of 2016.
For Petitioner : Mr.G.Karthikeyan(Tr.CMP.No.398 of 2016)
For Respondent : Mr.P.Jagadesan (Tr.CMP.No.398 of 2016)
For Petitioner : Mr.P.Jagadesan( Tr.CMP.No.447 of 2016)
C O M M O N O R D E R
Petitioner/Husband has filed Tr.CMP.No.398 of 2016 seeking transfer of HMOP.No.45 of 2016 on the file of Sub Court, Rasipuram to be tried along with O.P.No.938 of 2016 on the file of I Additional Family Court, Chennai and the respondent/wife has filed Tr.CMP.No.447 of 2016 seeking transfer of O.P.No.938 of 2016 on the file of 1st Additional Family Court, Chennai to transfer the same to the file of Sub court, Rasipuram to be tried along with HMOP.No.45 of 2016.
2. Learned counsel for both sides would submit that both cases may be transferred to Principal Sub Court, Salem for joint trial.
3. Considering the said submissions, this Court directs transfer of petitions in HMOP.No.45 of 2016 from the file of Sub Court, Rasipuram and O.P.No.938 of 2016 from the file of 1st Additional Family Court, Chennai to the file of Principal Sub Court, Salem. The Principal Subordinate Judge, Salem is also directed to take up and dispose of the above said petitions jointly as expeditiously as possible.
With the above observation, these Transfer Civil Miscellaneous Petitions are disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed.
08.08.2016 Index : Yes/No Internet : Yes/No kkd To 1. The Sub Court, Rasipuram. 2. The 1st Additional Family Court, Chennai. 3.The Principal Sub Court, Salem. C.T.SELVAM,J kkd Tr.CMP.Nos.398 and 447 of 2016 and C.M.P.No.10582 of 2016 in Tr.CMP.No.398 of 2016 and CMP.No.12003 of 2016 in Tr.CMP.No.447 of 2016 08.08.2016