Disposed

M/S. Mangayarkarasi v. M. Kumaresan

Madras HC12 Jun 2017TR CMP/590/2016

Case brief

AI extract

What is this about?

Petitioner sought transfer of divorce proceeding to another competent Court. Court noted both the petitioner's restitution petition and respondent's divorce petition were taken up for final hearing jointly by the Family Court, Chengalpet. Court directed the Family Court to dispose of both proceedings jointly within three months and disposed of the Transfer Petition.

What did the court decide?

Directed Family Court, Chengalpet, to dispose of FCOP No. 180 of 2015 and FCOP No. 293 of 2015 jointly within three months.

M/S. Mangayarkarasi Vs M. Kumaresan — Civil Procedure and Limitation | Madras HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated : 12.06.2017

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Coram :

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The Honourable Ms.Justice V.M.VELUMANI

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CMP.No.16238 of 2016

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Mangayarkarasi ...Petitioner

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Vs M.Kumaresan ...Respondent

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PRAYER: Transfer Petition filed under Section 24 of Civil Procedure Code praying to withdraw the FCOP.No.180 of 2015 from the file of the Family Court, Chengalpet and transfer the same to any competent Court.

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For Petitioner : Mr.S.Anburaja For Respondent : Ms.Anita

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ORDER

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This Transfer Petition is filed to withdraw FCOP.No.180 of 2015 from the file of the Family Court, Chengalpet and transfer to the file of any competent Court.

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The petitioner is the wife and respondent is the husband. The marriage between the petitioner and respondent was conducted on 29.06.2012 as per Hindu rites and customs. Out of wedlock, a female child was born to them on 02.07.2013. Due to difference of opinion arose between the petitioner and respondent, both of them are living separately. The respondent filed FCOP.No.180 of 2015 for divorce on the file of the Family Court, Chengalpet. The petitioner has filed FCOP.No.293 of 2015 for restitution of conjugal rights and the same is also pending before the same Court.

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According to the petitioner, she is residing with her parents along with her minor child at Guduvancherry. She has no independent income. She is depending on her parents even for her travel expenses also.

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The petitioner has come out with the present transfer petition to transfer FCOP.No.180 of 2015 filed by the respondent to any other competent Court on the ground that the Family

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https://hcservices.ecourts.gov.in/hcservices/

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Court Judge, Chengalpet, is insisting the petitioner to get along with FCOP.No.180 of 2015 and not taking up the FCOP.No.293 of 2015 filed by her for final disposal.

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Today, when the Transfer Civil Miscellaneous Petition is taken up for hearing, learned counsel for the petitioner has submitted that now the Family Court, Chengalpet, has taken up both the FCOPs filed by the petitioner and respondent and it is posted for final hearing and joint trial. Both the FCOPs are taken up together and posted for enquiry. In such circumstances, he prayed for speedy disposal of both FCOPs filed by the petitioner and the respondent.

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In view of the submission made by the learned counsel for the petitioner, without deciding the issue on merits, I direct the Family Court, Chengalpet, to dispose of both FCOP.No.293 of 2015 filed by the petitioner and FCOP.No.180 of 2015 filed by the respondent jointly and pass orders on merits, in accordance with law, as expeditiously as possible, in any event, not later than three months from the date of receipt of a copy of this order.

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With the above direction, this Transfer Civil Miscellaneous
petition is disposed of. No costs. Consequently, connected
Miscellaneous Petition is closed.
Sd/-
Assistant Registrar(CS V)
//True Copy//
Sub Assistant Registrar
gv
To
The Family Court,
Chengalpet.
Tr.C.M.P.No.590 of 2016
and
CMP.No.16238 of 2016
LRS(CO)
VR(06/07/2017)

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https://hcservices.ecourts.gov.in/hcservices/

M/S. Mangayarkarasi v. M. Kumaresan

Case brief

What is this about?

What did the court decide?

M/S. Mangayarkarasi v. M. Kumaresan

Case brief

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