IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 16.09.2008 Coram The Honourable Mr.JUSTICE S.RAJESWARAN Tr.C.M.P.No.328 of 2008 and M.P.No.1 of 2008 Manjula .. Petitioner VS. Harish Kumar .. Respondent The transfer Petition has been filed under Section 24 of C.P.C praying to withdraw O.P.No.1952/2008 pending on the file of the First Additional Family Court, Chennai and transfer the same to the file of the Principal Subordinate Judge, Villupuram for being tried together with H.M.O.P.No.66/2008. For Petitioner : Ms.C.Rekha Kumari For Respondent : No appearance ORDER The petitioner is the wife seeking for transfer of O.P.No.1952/2008 filed by the respondent-husband for divorce before the First Additional Family Court, Chennai to the Principal Subordinate Judge, Villupuram, where the petitioner-wife has filed H.M.O.P.No.66/2008, also for divorce. 2. Though notice was ordered on 12.08.2008 and interim stay was granted by this Court, from the records, it is seen that the notice sent to the respondent has been returned as 'unclaimed'. 3. I have heard the learned counsel appearing for the petitioner and also gone through the documents filed in support of her submissions. 4. The learned counsel for the petitioner submits that originally the petitioner/wife has filed H.M.O.P.No.66/2008 before the Principal Subordinate Judge, Villupuram for divorce. Subsequent to the filing of the said petition, the respondent has filed O.P.No.1952/2008 for divorce before the First Additional Family Court, Chennai. Therefore, the case https://hcservices.ecourts.gov.in/hcservices/ of the petitioner is that since the respondent's case is subsequent to her case, that case may be transferred to the file of the Principal Subordinate Judge, Villupuram. 5. From the records, I find that both the petitioner and the respondent are wife and husband, have filed separate petitions in two different courts for divorce. In view of the fact that both want divorce, instead of ordering transfer of one case to another, I am of the view that the case before the First Additional Family Court, Chennai filed by the respondent-husband, namely, O.P.No.1952/2008 could be disposed of by directing both the husband and the wife to file a petition for mutual divorce. Dispensation and advance hearing petition could be directed to be filed by both the parties and after filing such petitions, the Family Court shall pass orders in the mutual divorce petition that would be filed by both of them, within two months from the date of filing of a such application. 6. In the result, the Transfer C.M.P. is disposed of with the above direction. No costs. Sd/- Asst. Registrar. /true copy/ Sub Asst. Registrar. tsi/vaan To 1. The First Additional Family Judge, Family Court, Chennai. 2. The Principal Subordinate Judge, Villupuram. 3.The Section Officer, V.R.Section, High Court, Madras. + 1 cc to M/s.C.Rekha Kumari, Advocate, SR.No.52719 Tr.C.M.P.No.328 of 2008 ssn(co) em/5.11.08 https://hcservices.ecourts.gov.in/hcservices/