This petition is filed to withdraw the M.C.No.124 of 2016 on the file of the District Family Court at Madurai and to transfer the same to the Principal Sub Court at Madurai where connected H.M.O.P.No.496 of 2016 filed by the petitioner is pending.
2.It is stated that the petitioner is the husband and has filed a petition for restitution of conjugal rights in H.M.O.P.No.496 of 2016 before the Principal Sub Court, Madurai, as against the first respondent. The petitioner at present is residing in Chennai and that therefore, if the proceedings are in two different Courts, it would cause great prejudice and inconvenience to the petitioner.
3.The respondent has no serious objection for transferring the proceedings from the District Family Court, Madurai to the Principal Sub Court, Madurai, so that the two proceedings can be simultaneously proceeded with.
4.However, the learned counsel appearing for the petitioner submitted that a further direction may also be given to the Principal Sub Judge, Madurai, to dispose of both the cases within a time framed fixed by this Court.
5.Having regard to the contention of the respective counsels and the facts and circumstances of the case, this Court is inclined to allow this petition. Hence, the proceedings in M.C.No.124 of 2016 which is pending on the file of the District Family Court at Madurai is transferred to the Principal Sub Court, Madurai, to be tried simultaneously along with H.M.O.P.No.496 of 2016. The Principal Sub Judge, Madurai is directed to expedite the trial and dispose of both the cases, namely, M.C.No.124 of 2016 (to be taken on file and renumbered) and H.M.O.P.No.496 of 2016, as expeditiously as possible, preferably within a period of six months from the date of receipt of a copy of this order. Consequently, connected Criminal Miscellaneous Petition is closed.
To
1.The District Family Court, Madurai.
2.The Principal Sub Court, Madurai.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai..