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2016 DIGILAW 1269 (MAD)

Karthick Santhanam v. Srividhya Kannan

2016-03-23

P.N.PRAKASH

body2016
ORDER : This petition has been filed to withdraw the case in M.C. No. 329 of 2014 on the file of the learned Additional Mahila Court, Madurai and transfer the same to the file of the learned Family Court Judge, Madurai. 2. Heard Mrs. D. Geetha, learned counsel for the petitioner and Mr. G.R. Swaminathan, learned counsel for the respondent. 3. It is seen that Karthick Santhanam got married to Srividhya Kannan on 29.05.2013 and their marriage ran into rough weather. Karthick Santhanam is residing in United States of America for the present. Karthick Santhanam filed H.M.O.P. No. 2115 of 2014 before the Family Court, Chennai for divorce. On the application made by Srividhya Kannan in Tr. C.M.P. 205 of 2014, HMOP 2115 of 2014 was transferred from the Family Court, Chennai to the Family Court, Madurai and has been re-numbered as 403 of 2015. While so, Srividhya Kannan has launched proceedings under D.V. Act in M.C. No. 329 of 2014 before the learned Additional Mahila Court (Magisterial Level), Madurai against Karthick Santhanam and his family members. 4. This transfer application was filed to transfer M.C. No. 329 of 2014 from the file of the learned Additional Mahila Court, Madurai to the file of learned Family Court Judge, Madurai, so that all the disputes between the parties could be adjudicated before one Court. 5. Mrs. D. Geetha, learned counsel for the petitioner placed reliance on the judgment of this Court in the case of Selin Raja @ Maria Selin Raj vs. Lawrence @ Lawrence Antonia, reported in (2014) 8 MLJ 400 , wherein similar relief was sought. 6. Mr. G.R. Swaminathan, learned counsel appearing for the respondent fairly acceded to the transfer. 7. In view of the above, this Court directs the Additional Mahila Court, Madurai to transfer M.C. No. 329 of 2014 to the file of the Family Court, Madurai within a period of two weeks from the date of receipt of a copy of this order and the Family Court, Madurai is directed to hear the same along with H.M.O.P. No. 2115 of 2014 and expeditiously dispose of both the cases in accordance with law. The Family Court, Madurai is further directed to conduct the trial and take evidence separately in both cases without clubbing the same. This Criminal Original Petition is allowed on the above terms. Consequently, connected miscellaneous petition is closed.