The Court ordered the transfer of a Husband O.P. for restitution of conjugal rights from Chennai to Erode Family Court. Interconnected DV and maintenance cases are to be tried there together without adjournment beyond 30 days.
H.M.O.P. No.4155 of 2017 transferred to Family Court, Erode; DV case D.V.A. No.5 of 2018 directed to Family Court, Erode.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12/12/2019
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
Tr.C.M.P. No.333 of 2019 and C.M.P. No.9553 of 2019
Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil Procedure Code, to withdraw and transfer H.M.O.P. No.4155 of 2017 pending on the file of III Additional Family Court at Chennai tothe file of Family Court, Erode, to be tried along with M.C. No.56 of 2018 pending there.
For Petitioner : Mr.S.V.D.Rajendra Prasad
For Respondent : Mr.M.Sarfudeen Ali Ahamed
ORDER
On account of misunderstanding between the spouse, domestic violence case has been filed, which is pending on the file of learned Judicial Magistrate III, Erode in D.V.A. No.5 of 2018. Apart from the above, the petitioner herein/wife has also filed a maintenance claim petition in M.C. No.56 of 2018 before the Family Court, Erode. Husband of the petitioner has filed H.M.O.P. No.4155 of 2017 before the III Additional Family Court, Chennai, for restitution of conjugal rights. All the three cases are interconnected and that a reading of the affidavit filed in support of the transfer civil miscellaneous petition, appears that there is an ego clash among the spouse. Even for arriving at a settlement between the parties, it is advisable that all the matters are tried together in the same court.
submit that she has sought for monetary relief in the domestic violence case before the learned Judicial Magistrate III, Erode.
Sd/Assistant Registrar
//True Copy//
Sub Assistant Registrar Asr
To
Tr.C.M.P. No.333 of 2019
and C.M.P. No.9553 of 2019
spd[co]
srg 07/02/2020
1 issue framed by the court
Whether the High Court has jurisdiction to transfer an H.M.O.P. pending in the Additional Family Court, Chennai to the Family Court, Erode to ensure joint trial.
2 provisions across 2 enactments
Petitioner (Wife)
Respondent (Husband)
S. Vaidyanathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
