M KALA Vs. RENGANATHAN ALIAS KANNAN

JUDGEMENT

(1.) THE Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code praying to withdraw the HMOP.No.143 of 2008 on the file of the Family Court, Madurai and transfer the same to the I Additional Family Court, Chennai to be tried along with M.C.No.216 of 2008. No appearance on the side of the respondent. THE petitioner/ wife has filed the present Transfer Civil Miscellaneous Petition praying for issuance of an order by this Court to withdraw the HMOP.No.143 of 2008 from the file of Family Court, Madurai and to transfer the same to the file of First Additional Family Court, Chennai, to be tried along with M.C.No.216 of 2008.

(2.) THE petitioner is the wife of the respondent. THE petitioner's marriage with the respondent has taken place on 12.02.2006 at Arulmighu Sri Mariamman Kovil Thirumana Mandapam at Madurai according to Hindu rites and customs. As a result of wedlock, a male child has been born on 07.02.2007. It appears that the respondent/husband has initiated the matrimonial proceedings HMOP.No.143 of 2008 on the file of the Family Court, Madurai.

(3.) IN the result, the Transfer Civil Miscellaneous Petition is allowed. The matrimonial Proceedings case HMOP.No.143 of 2008 is directed to be transferred from the file of the Family Court, Madurai to the file of First Additional Family Court, Chennai and the Family Court, Madurai is further directed to transfer the said matrimonial proceedings within a week from today and on receipt of the records, the First Additional Family Court, Chennai is directed to take the aforesaid matrimonial proceedings to its file and to dispose of the same after providing due opportunities to all parties concerned. It is open to the First Additional Family Court, Chennai to take a decision in regard to the joint trial of the said case with that of M.C.No.216 of 2008. Consequently, connected Miscellaneous Petition is closed. However, there will be no orders as to costs.