Revision against an order refusing transfer of a temporary injunction suit to a Family Court. The Court found no error as the divorce petition and suit were at different adjudication stages despite involving the same parties. Revision dismissed.
Civil Revision Petition dismissed; no costs awarded.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.06.2016
CORAM
THE HONOURABLE MR.JUSTICE C.T.SELVAM
Civil Revision Petition (PD) No.1726 of 2016 and C.M.P.No.9196 of 2016
R.Thirumoorthy S/o.Ranganathan
... Petitioner
vs
V.T.Sivagami W/o.Thirumoorthy
... Respondent
Civil Revision Petitions filed under Article 227 of the Constitution of India against the order of learned Principal District Judge, Erode, passed in Tr.O.P.No.9 of 2016 on 08.03.2016.
For Petitioner : Mr.I.C.Vasudevan
O R D E R
This revision arises against the order of learned Principal District Judge,
Erode, passed in Tr.O.P.No.9 of 2016 on 08.03.2016.
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Court, Erode, seeking divorce and on transfer to Family Court, Erode, case was re-numbered as H.M.O.P.No.34 of 2014. Petitioner/husband filed O.S.No.388 of 2013 on the file of learned I Additional Sub Judge, Erode, seeking the relief of injunction. Petitioner/husband filed Tr.O.P.No.9 of 2016 on the file of learned Principal District Judge, Erode, seeking transfer of O.S.No.388 of 2013 on the file of learned I Additional Sub Judge, Erode, to the file of Family Court, Erode, to be tried along with H.M.O.P.No.34 of 2014. The Court below, under the impugned order, dismissed such petition. Hence, this revision.
of the petitioner and the suit filed by petitioner/husband is at the stage of arguments. The issues to be decided in the divorce petition and suit are different and the adjudication are also at different stage. In such circumstances, though the petitioner and respondent are husband and wife, it found no need for transfer of proceedings. This Court finds no error in the order under challenge.
The Civil Revision Petition, accordingly, is dismissed. No costs.
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Consequently, connected miscellaneous petition is closed.
17.06.2016
Index:yes/no Internet:yes gm
To The Principal District Judge, Erode.
C.T.SELVAM, J
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gm
Civil Revision Petition (PD) No.1726 of 2016
17.06.2016
1 issue framed by the court
Whether there was error in the lower court refusing to transfer a temporary injunction suit to a Family Court for trial alongside a divorce petition when the matters are at different stages.
R.Thirumoorthy
V.T.Sivagami
C.T.Selvam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
