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2025 Supreme(Online)(Mad) 42121
IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. SATHISH KUMAR, J
Mr. Jayachandran – Appellant
Versus
V. Pachiyammal – Respondent
Tr.CMP Nos.1152 & 1154 of 2024 | CMP Nos.25203 & 25206 of 2024
For the Appellants/Petitioners: Mr. Jagadheesan.M
For the Respondents:
Consolidation of maintenance and divorce cases in a single court is justified to ensure convenience and avoid conflicting judgments.
Headnote:This judgment addresses the transfer of maintenance and conjugal rights petitions under Section 24 of the CPC, with the court determining that consolidating cases in a single court would serve justice and convenience due to the disabilities of the parties involved. The issues framed include the necessity of a combined hearing for related cases to avoid conflicting decisions. The court's reasoning emphasized the importance of judicial efficiency and fairness in its final determination to grant the transfer.
| Table of Content |
|---|
| 1. transfer of cases for convenience due to disabilities. (Para 1 , 2 , 3 , 4) |
| 2. absence of respondents noted. (Para 5 , 6) |
| 3. rationale for joint trial highlighted. (Para 7) |
| 4. order for consolidation of cases issued. (Para 8) |
| 5. final order issued without costs. (Para 9) |
ORDER
Both the Transfer applications are filed to withdraw the maintenance case in MC.No.565 of 2023 pending on the file of the V Additional Family Court, Chennai and HMOP No.2875 of 2024 pending on the file of the I Additional Family Court, Chennai to the III Additional Family Court,Chennai and try it along with HMOP No.5620 of 2023.
2. It is the husband, who has filed the present applications seeking transfer of the above petitions to III Additional Family Court,Chennai.
3. Admittedly, the petitioner has filed a petition under Section 13 of the Hindu Marriage Act against his wife in HMOP No.5620 of 2023 on the file of the III Additional Family Court, Chennai for divorce. The respondents have filed M.C.No.565 of 2023 for maintenance before the V Additional Family Court, Chennai and also filed HMOP No.2875 of 2024 for restitution of conjugal rights.
4. Now, the Transfer is sought mainly on the ground that both the petitioner as well as the first respondent are persons with disabilities and if all the cases are tried in the same court, it would be convenient for both parties.
5. The respondents, despite being served, has not entered appearance through counsel.
6. I have heard the learned counsel for the petitioner and perused the materials available on records carefully.
7. Having regard to the allegations of physical disability and the fact that three different cases pertaining to Restitution of Conjugal rights, maintenance and divorce are pending before three different Courts, this Court is of the considered view that transfer would not only serve the interest of justice and convenience of the parties, but also avoid conflicting decisions by different Courts.
8. In view of the above, M.C.No.565 of 2023 and H.M.O.P.No.2875 of 2024 are directed to be withdrawn from the file of the V Additional Family Court, Chennai and I Additional Family Court, Chennai respectively and transferred the same to the file of the III Additional Family Court, Chennai and directed to be tried jointly with HMOP No.5620 of 2023. The learned Judges are hereby directed to send entire records to the III Additional Family Court, Chennai, within a period of two weeks from the date of receipt of a copy of this order and the learned Judge, III Additional Family Court, Chennai is directed to issue notice to the respondents and dispose of the cases as early as possible.
9. Accordingly, both the Transfer Civil Miscellaneous Petitions are ordered. No costs. Consequently, the connected miscellaneous petitions are closed.
