The husband, who is respondent in H.M.O.P.No.28 of 2016 has come forward with this petition seeking transfer of the said H.M.O.P.No.28 of 2016 from the file of the Family Court, Tirunelveli to the file of the Principal Sub Court, Tenkasi.
2. It is seen from the records that earlier the husband had filed a petition in H.M.O.P.No.136 of 2016 seeking divorce on the file of the Subordinate Court, Tambaram. The wife who is the respondent in H.M.O.P.No.136 of 2016 filed a transfer petition before the Principal Bench of this Court in Tr.C.M.P.No.536 of 2016 seeking transfer of H.M.O.P.No.136 of 2016 from the file of the Subordinate Court, Tambaram to Tirunelveli.
3. It appears that during the currency of the transfer petition, there was a settlement between the parties and they agreed for transfer of proceedings in H.M.O.P.No.136 of 2016 from the file of the Subordinate Court, Tambaram to the file of the Principal Sub Court, Tenkasi.
4. Taking note of the said settlement, the Principal Bench of this Court in Tr.C.M.P.No.536 of 2016, ordered transfer of the proceedings in H.M.O.P.No.136 of 2016 to the file of the Principal Sub Court, Tenkasi on 30.11.2016. H.M.O.P.No.28 of 2016 filed by the petitioner's wife is pending before the the Family Court, Tirunelveli. The same has been filed by her under Section 9 of the Hindu Marriage Act for Restitution of Conjugal Rights.
5. Taking note of the fact that the petition for divorce filed by the petitioner herein in H.M.O.P.No.136 of 2016 has been transferred from the file of Subordinate Court, Tambaram to the file of the Principal Sub Court, Tenkasi and renumbered as H.M.O.P.No.78 of 2017, it will be the interest of both the parties that both the petitions are heard together. There is also a possibility of conflicting Judgments if they are tried in two different Courts. Hence, H.M.O.P.No.28 of 2016 is withdrawn from the file of the Family Court, Tirunelveli and transferred to Principal Sub Court, Tenkasi to be tried along with H.M.O.P.No.78 of 2017, which is pending on the file of the said Court. The Family Court, Tirunelveli is directed to despatch the records in H.M.O.P.No.28 of 2016 to the Principal Sub Court, Tenkasi within the period of two weeks from the date of receipt of a copy of this order.
5. With the above direction, this Transfer Civil Miscellaneous Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.
To
1.The learned Family Court Judge, Tirunelveli.
2.The learned Principal Sub Judge, Tenkasi.
TR.C.M.P(MD)No.221 of 2017 in C.M.P(MD)No.5023 of 2017 R.SUBRAMANIAN,J This matter has been posted today under the caption''for being mentioned'' at the instance of the learned counsel for the respondent.
2.Mr.C.Jawahar Ravindran, learned counsel for the respondent would seek a direction to the Transferee Court namely, the Principal Sub-Court, Tenkasi to dispose of the proceedings at an early date.
3.Considering the fact that the proceedings are matrimonial disputes and the fact that the learned counsel appearing for the Petitioner Mr.R.Narayanan does not haveobjection for early disposal of the proceedings, there will be a direction to the Principal Sub-Court, Tenkasi to dispose of the O.Ps' namely H.M.O.P.No.78 of 2017 pending before it and H.M.O.P.No.28 of 2016, which has been transferred to it under this order, within a period of eight months from the date of receipt of a copy of the proceedings.
4.Registry is directed to issue fresh order copy with the aforesaid correction.
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