ANNIE TARINI Vs. L C JOSHUA

JUDGEMENT

(1.) TR.C.M.P.is filed to withdraw O.S.No.4336/2006 now pending on the file of XII Assistant City Civil Court, Chennai and transfer the same to be tried along with F.C.O.P.No.313/2006 now pending on the file of I Additional Family Court at Chennai.The petitioner in the TRansfer C.M.P. is the wife. The respondent herein is the husband of the petitioner. The petitioner/wife has filed the TRansfer C.M.P.No.407/2008 praying for issuance of an order by this Court to withdraw the suit O.S.No.4336/2006 pending on the file of XII Assistant City Civil Court, Chennai and to transfer the same to be tried along with F.C.O.P.No.313/2006 pending on the file of I Additional Family Court, Chennai.

(2.) AT present the respondent/husband has instituted a suit O.S.No.4336/2006 on the file of XII Assistant City Civil Court, Chennai seeking a relief of partition of the suit property, namely, Flat No.A/7/3, Gemini Parsan Complex, No.599, Mount Road, Chennai 600 006 into two equal shares and allot one such share to him etc and that the said suit has been decreed exparte and later the same has been set aside and that a written statement has been filed by the petitioner herein. However, the F.C.O.P.No.313/2006 has been filed by the respondent/husband praying for a decree of divorce on the file of I Addditional Family Court, Chennai.

(3.) THE learned counsel for the revision petitioner/wife relies on the decision K.A.Abdul Jaleel V. T.A.Shahida Reported In AIR 2003 SCC 2525 At 2527 wherein the Honourable Supreme Court has interalie held that, "It is now a well-settled principle of law that the jurisdiction of a Court created specially for resolution of disputes of certain kinds should be construed liberally. THE restricted meaning if ascribed to Explanation (c) appended to Section 7 of the Act, in our opinion, would frustrate the object wherefore the Family Courts were set up.".