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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 05.04.2019
CORAM
THE HONOURABLE MR.JUSTICE M.GOVINDARAJ
Tr.C.M.P.Nos.184 and 188 of 2019
C.M.P.Nos.5768 of 2019 and 5786 of 2019
G.Abhirami .. Petitioner in
both Tr.C.M.Ps
-vs-
M.Sivashankar .. Respondent in
in both Tr.C.M.Ps
Prayer:Transfer Civil Miscellaneous Petition filed under Section 24 of
CPC praying to withdraw the HMOP.No.138 of 2016 pending on the
file of the Additional Family Court, Coimbatore and transfer the same
to the file of Sub Court, Tiruppur or any other Family Court.
For Petitioner in both
petitions : Mr.S.D.S. Phillip
For Respondent in both
petitions : Mr.B.R.Sankaralingam
Mr. Selverajan. N
ORDER
These Transfer Civil Miscellaneous Petitions are filed to withdraw
the HMOP.Nos.138 of 2016 and 782 of 2017 pending on the file of the
Additional Family Court, Coimbatore and transfer the same to the file
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of Sub Court, Tiruppur or any other Family Court.
2. The respondent husband filed a petition before the Additional
Family Court at Coimbatore in HMOP.No.138 of 2016 for divorce
3. The petitioner wife filed a petition against the respondent
husband in HMOP.No.782 of 2017 before Additional Family Court for
Restitution of Conjugal Rights Coimbatore and also a petition for
maintenance in M.C.No.102 of 2017 before the Additional Family
Court, Coimbatore. In MC.No.102 of 2017, the petitioner wife has filed
CMP.No.26 of 2018 for interim maintenance and the same was partly
allowed.
4. Now that the petitioner wife seeks transfer of the
HMOP.No.138 of 2016 and HMOP.No.782 of 2017 pending on the file
of the Additional Family Court, Coimbatore to the file of Sub Court,
Tiruppur.
5.Learned counsel for the respondent would submit that at an
earlier instance, the respondent husband has approached this Court
by filing CRP.PD.No.3027 of 2018 seeking to expedite the trial in
HMOP.No.138 of 2015, wherein, on 8.10.2018, a direction was issued
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by this Court to expedite the proceedings in HMOP.Nos.138 of 2015
and 782 of 2017 and conclude the same within a period of three
months from the date of receipt of a copy thereof. He has also filed a
memo for joint trial for all the three petitions before the Additional
Family Court, Coimbatore and he is willing to cooperate for completion
of trial as directed by this Court.
6. Learned counsel for the petitioner wife would submit that no
order has been obtained to complete the trial in M.C.No.102 of 2017
filed for maintenance. He would further submit that leaving out the
petition in M.C.No.102 of 2017, and insisting only on completion of
divorce petition shall prejudice the rights of the petitioner wife.
7. Considering the submissions, this Court is of the view that
the submission of the petitioner that the maintenance case is not taken
for hearing is not well founded. However the respondent has no
objection for transferring all the three petitions viz., HMOP.Nos.138 of
2015 and 782 of 2017 and M.C.No.102 of 2017, to be tried together
before any Court and orders be passed within the time limit specified
by this Court.
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8. Considering the submissions made on either side, this court
is inclined to transfer HMOP.No.138 of 2016, HMOP.No.782 of 2017
and M.C.No.107 of 2017 pending on the file of Additional Family Court,
Coimbatore to Sub Court, Tiruppur. Accordingly, all the
aforementioned petitions pending on the file of Additional Family
Court, Coimbatore are withdrawn and transferred to Sub Court,
Tiruppur.
9. In view of the request made by the respondent as well as the
previous order passed by this Court in CRP.No.3027 of 2017 dated
8.10.2018, a direction is issued to Sub Court, Tiruppur to complete
the proceedings in all the three petitions viz., HMOP.No.138 of 2016,
HMOP.No.782 of 2017 and M.C.No.107 of 2017 within a period of
three months from the date of receipt of a copy of the order.
10. The Transfer Civil Miscellaneous Petitions are ordered
accordingly. No costs. Consequently, the connected C.M.P.Nos.5768
of 2019 and 5786 of 2019 are closed.
11. The Additional Judge, Family Court, Coimbatore is directed
to send the bundles to Sub Court, Tiruppur forthwith. On receipt of
bundles, the Sub Court, Tiruppur is directed to re-number the petitions
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and issue notice to the parties and complete the proceedings within a
period of three months from the date of receipt of bundles.
05.04.2019
msr
Index:Yes/No
Internet:Yes/No
Speaking order/non-speaking order
Note: Issue copy on 12.4.2019
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M.GOVINDARAJ, J.
msr
Tr.C.M.P.Nos.184 and
188 of 2019
C.M.P.Nos.5768 of 2019
and 5786 of 2019
05.04.2019
http://www.judis.nic.in
