Madras High Court
R.Dinesh Kumar vs Madhumitha on 13 March, 2023
Author: T.V.Thamilselvi
Bench: T.V.Thamilselvi
TR.CMP.Nos.151 and 68 of
2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.03.2023
CORAM :
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI
TR.CMP Nos.151 and 68 of 2023
and
C.M.P.Nos.3418 of 2023
TR.CMP.No.151 of 2023
R.Dinesh Kumar .. Petitioner
-Vs-
Madhumitha .. Respondent
Tr.CMP.No.68 of 2023
Madhumitha .. Petitioner
-Vs-
R.Dinesh Kumar .. Respondent
Prayer in TR.CMP.No.151 of 2023: Transfer Civil Miscellaneous Petition
filed under Section 24 of C.P.C., to withdraw HMOP No.236 of 2022 from
the file of learned Principal Subordinate Judge, Ponneri and transfer the
same to the IV Additional Family Court at Chennai to be jointly tried with
HMOP.No.4914 of 2022.
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https://www.mhc.tn.gov.in/judis
TR.CMP.Nos.151 and 68 of
2023
Prayer in TR.CMP.No.68 of 2023: Transfer Civil Miscellaneous Petition
filed under Section 24 of C.P.C., to withdraw the divorce case in HMOP
No.4914 of 2022 pending on the file of the learned IV Additional Family
Judge at Chennai and transfer the same to the file of the learned
Subordinate Judge, Ponneri.
TR.CMP.No.151 of 2023
For Petitioner : Mr.V.M.Venkataramana
For Respondent : Mr.R.Thanigaiarasu
TR.CMP.No.68 of 2023
For Petitioner : Mr.R.Thanigaiarasu
For Respondent : Mr.V.M.Venkataramana
and Ms.S.Suriya
COMMON O R D E R
Prayer in TR.CMP.No.151 of 2023: This revision petition has been filed by the husband to withdraw HMOP No.236 of 2022 from the file of learned Principal Subordinate Judge, Ponneri and transfer the same to the IV Additional Family Court at Chennai to be jointly tried with HMOP.No.4914 of 2022.
2/6 https://www.mhc.tn.gov.in/judis TR.CMP.Nos.151 and 68 of 2023 Prayer in TR.CMP.No.68 of 2023: This revision petition has been filed by the wife to withdraw the divorce case in HMOP No.4914 of 2022 pending on the file of the learned IV Additional Family Judge at Chennai and transfer the same to the file of the learned Subordinate Judge, Ponneri.
2. The petitioner in Tr.CMP.No.151 of 2023 is the husband who filed HMOP.No.4914 of 2022 for divorce before the Family Court, Chennai. The respondent/wife also filed HMOP.No.236 of 2022 for dissolution of marriage before the Principal Sub Court, Ponneri.
3. Now, the learned counsel for the revision petitioner/husband would submit that the respondent/wife is currently working in a private company at Mount Road, Chennai and therefore the matters may be transferred to Family Court, Chennai.
4. The learned counsel for the wife/respondent would submit that the wife/respondent is residing at Ponneri and she has filed HMOP.No.236 of 2022 even before the petition was filed by the husband. The reason assigned by the petitioner is not acceptable one because both of them filed petitions 3/6 https://www.mhc.tn.gov.in/judis TR.CMP.Nos.151 and 68 of 2023 for divorce and the petition filed by the wife is pending before the Sub Court, Ponneri.
5. The relief claimed by the petitioner as such is not acceptable. Further, considering the pendency of two applications for divorce, this Court is inclined to transfer the petition filed by the husband pending before the IV Additional Family Court, Chennai in HMOP.No.4914 of 2022 to Sub Court, Ponneri in order to try the same along with HMOP.No.236 of 2022.
6. In view of the above, H.M.O.P.No.4914 of 2022 is withdrawn from the file of the IV Additional Family Court, Chennai and transferred to the file of Principal Sub Court, Ponneri to be tried along with H.C.O.P.No.236 of 2022. Learned Principal Sub Judge, Ponneri is directed to dispose of both the cases in accordance with law and the learned IV Additional Family Court, Chennai is directed to send entire records to the learned Principal Sub Court, Ponneri within a period of six weeks from the date of receipt of copy of this order.
4/6 https://www.mhc.tn.gov.in/judis TR.CMP.Nos.151 and 68 of 2023
7. Accordingly, Tr.CMP.No.151 of 2023 filed by the husband is dismissed and Tr.C.M.P.No.68 of 2023 filed by the wife is allowed. No costs. Consequently, connected miscellaneous petition is closed.
8. Since both the parties filed a petition for divorce, the Mediation Centre attached to Ponneri Sub Court is directed to give a mediation for both the parties not less than five sittings.
9. Since the Revision Petitioner /husband working in a private concern, his presence before the Sub Court, Ponneri as and when required.
10. Both the parties are directed to appear before the Mediation Centre attached to the Sub-Court, Ponneri on 28.03.2023.
13.03.2023 Index : Yes/No Internet : Yes/No Vv 5/6 https://www.mhc.tn.gov.in/judis TR.CMP.Nos.151 and 68 of 2023 T.V.THAMILSELVI, J.
Vv To
1.The IV Additional Family Court, Chennai
2.The Principal Sub Court, Ponneri.
3. The Mediation Centre attached to Sub Court, Ponneri.
TR.CMP Nos.151 and 68 of 2023 and C.M.P.Nos.3418 of 2023 13.03.2023 6/6 https://www.mhc.tn.gov.in/judis