K.E.KEERTHANA Vs. BHARATHIRAJA

JUDGEMENT

(1.) The Transfer Petition has been filed to transfer the case in H.M.O.P.No.51 of 2019 pending on the file of the learned Principal Sub Court, Pudukottai to the file of the Family Court, Erode to be tried along with F.C.O.P.No.342 of 2019.

(2.) At the request of the learned counsel for the parties, this matter was taken up for hearing on 28.02.2020 in the Chambers and both the parties were present. After elaborate deliberations and arguments by the parties, the matter was reserved on the very same date. Today, a mention was made before me in the Chambers by the respective counsel that since the parties have arrived at a settlement and decided to get separated by mutual consent, suitable orders may be passed in the matter today itself. Therefore, I have instructed the Registry to publish an additional list for passing necessary orders in the matter, as the parties along with their respective counsel are present today.

(3.) The parties, who are present before this Court in-person have submitted that F.C.O.P.No.342 of 2019 has been filed by the wife for restitution of conjugal rights and the husband has filed H.M.O.P.No.51 of 2019 before the learned Principal Sub Court, Pudukottai for dissolving the marriage. It is seen that the wife has lodged a criminal complaint against her husband and his family members in Crime No.1 of 2019 before All Women Police Station, Suramangalam, Salem City and yet another case under the Domestic Violence Act in DVA No.24 of 2019 is pending before the Judicial Magistrate No.I, Erode. The husband and his family members have filed Crl.O.P.Nos.18160, 10637 and 32058 of 2019 for quashing of the above cases. The parties have further submitted that though the present petition has been filed for transfer of the case in H.M.O.P.No.51 of 2019 pending on the file of the learned Principal Sub Court, Pudukottai to the file of the Family Court, Erode to be tried along with F.C.O.P.No.342 of 2019, they are willing to get separated on mutual consent and divorce may be granted by this Court on mutual consent.