Wife sought transfer of her husband's divorce petition from Subordinate Court, Ambattur to VII Additional Family Court, Chennai, where her own petition on the same marriage was pending. Noting both petitions involved identical issues and risk of conflicting findings, and the respondent raised no objection, the High Court allowed the transfer.
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Tr.C.M.P.No.774 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.11.2025
CORAM:
THE HONOURABLE Mr. JUSTICE S.SOUNTHAR
Tr.C.M.P.No.774 of 2025 and C.M.P.No.17933 of 2025
Vyshnavi
... Petitioner
Vs.
R.Bala Anand
... Respondent
Prayer: Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, to withdraw the H.M.O.P.No.574 of 2024 on the file of Subordinate Court, Ambattur and to transfer the same to the VII Additional Family Court, Chennai to be heard along with O.P.No.968 of 2025 pending on the file of VII Additional Family Court, Chennai.
For Petitioner : M/s.Aishwarya G.Prakash for M/s.A.S.Kailasam and Associates
For Respondent : M/s.L.Srileka
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Tr.C.M.P.No.774 of 2025
ORDER
The Transfer Civil Miscellaneous Petition has been filed seeking transfer of petition for divorce filed by the respondent/husband in H.M.O.P.No.574 of 2024 from the file of Subordinate Court, Ambattur to the file of VII Additional Family Court, Chennai.
the same and the issues involved are also same. If these petitions are allowed to be heard by different courts, there is a likelihood of conflict of judicial opinion. In order to avoid such an eventuality and in the interest of justice, this Court feels both the matters shall be heard by same court.
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Tr.C.M.P.No.774 of 2025
Additional Family Court, Chennai.
05.11.2025
Index : Yes / No Speaking order : Yes / No Neutral Citation : Yes / No dm
To
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Tr.C.M.P.No.774 of 2025
S.SOUNTHAR, J. dm
Tr.C.M.P.No.774 of 2025
05.11.2025
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1 issue framed by the court
Whether the husband's divorce petition pending before Subordinate Court, Ambattur should be transferred to VII Additional Family Court, Chennai to be heard with the wife's parallel nullity petition.
1 provisions across 1 enactments
Vyshnavi
R.Bala Anand
S.Sounthar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
