M.KALPANA SRIDEVI Vs. C.SWAMINATHAN

JUDGEMENT

(1.) These Transfer Petitions have been filed to transfer both H.M.O.P.Nos.3948 and 2155 of 2016, pending on the file of the IV Additional Family Judge, Chennai to the file of VII Additional Family Judge, Chennai. H.M.O.P.No.3948 of 2016 has been filed by the petitioner / wife for dissolving the marriage, whereas H.M.O.P.No.2155 of 2016 has been filed by the husband / respondent herein, seeking for restitution of conjugal rights.

(2.) When these petitions are taken up for hearing, both the parties, who are present before this Court in-person have submitted that they are willing to withdraw the respective HMOPs pending before the IV Additional Family Court, Chennai and divorce may be granted on mutual consent. On being questioned as to whether this Court can grant divorce on the basis of consensus in a petition filed for transfer of the case from one Court to another, learned counsel on either side have produced a judgment of this Court reported in (2016) 7 MLJ 54 [A vs. B], wherein this Court, while granting divorce in a transfer petition, had held as follows:

(3.) From the representation made by the parties, it could be visualized that the spouses are not even interested to have an eye to eye contact and that there is a vast difference of opinion between them in the matrimonial front. Once they themselves have taken a decision to opt for voluntary separation, the grant of time to prolong their relationship by merely referring the matter for mediation and conciliation will not help anyone, much less the child.