Allowed

Mrs.P.Stella Rose, v. B.Arockia Shabine Jones

Madras HC1 Aug 2013TR CMP(MD)/85/2013

Case brief

AI extract

What is this about?

This order allows a Transfer Civil Miscellaneous Petition seeking transfer of an inference proceedings regarding restitution of conjugal rights from the District Judge, Sivagangai, to the III Additional District Judge, Tirunelveli, citing the petitioner's inability to appear due to distance and dependency via affidavit support.

What did the court decide?

The civil judge case in I.D.O.P.No.29 of 2012 was transferred to the III Additional District Judge, Tirunelveli, to be tried along with I.D.O.P.No.193 of 2012.

Mrs.P.Stella Rose, Vs B.Arockia Shabine Jones — Matrimonial and Divorce | Madras HC (2013)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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Dated : 01.08.2013

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CORAM:

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THE HONOURABLE MR.JUSTICE R.KARUPPIAH

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TR CMP(MD)No.85 of 2013 and M.P.(MD)No. 1 of 2013

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P.Stella Rose ... Petitioner/Respondent

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Vs.

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B.Arockia Shabine Jones

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...Respondent/Petitioner

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Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of Civil Procedure Code, praying this Court to withdraw the case in I.D.O.P.No.29 of 2012 on the file of the District Judge, Sivagangai, and transfer the same to the learned III Additional District Judge, Tirunelveli so as to try the same along with I.D.O.P.No.193 of 2012.

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For Petitioner : Mr.G.R.Swaminathan For Respondent : Mr.G.Sridharan

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O R D E R

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This Transfer Civil Miscellaneous Petition is filed to withdraw the case in I.D.O.P.No.29 of 2012 on the file of the District Judge, Sivagangai, and transfer the same to the learned III Additional District Judge, Tirunelveli so as to try the same along with I.D.O.P.No.193 of 2012.

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The learned counsel for the Petitioner submitted that the Petitioner has originally filed I.D.O.P.No.193 of 2012, for restitution of conjugal rights on the file of III Additional District Judge, Tirunelveli, and after receipt of notice, the respondent has filed I.D.O.P.No.29 of 2012 on the file of District Judge, Sivagangai. The Petitioner is living in Palayamkottai and the Petitioner being a lady and having a child and also depending on the support of her age old mother and unable to appear before the Court at Sivagangai and therefore prays for transfer the same to III Additional District Judge, Tirunelveli.

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The learned counsel for the respondent admitted that the said petitions are pending as stated by the petitioner.

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Satisfying with the reasons stated in the affidavit filed https://hcservices.ecourts.gov.in/hcservices/ in support of the Petition. I.D.O.P.No.29 of 2012, on the file of District Judge, Sivagangai, is transferred to the III Additional District Judge, Tirunelveli, to try along with I.D.O.P.No.193 of 2012

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and this Petition is ordered accordingly. Consequently, connected Miscellaneous Petition is closed. No costs.

Sd/Deputy Registrar

/True Copy/

Assistant Registrar

The District Judge, Sivagangai.

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The III Additional District Judge, Tirunelveli.

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+1cc to Mr. G.Sridharan, Advocate(Sr.no.39067) rr AA/20.08.2013/2p-4c/

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TR CMP(MD)No.85 of 2013 01.08.2013

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https://hcservices.ecourts.gov.in/hcservices/

Mrs.P.Stella Rose, v. B.Arockia Shabine Jones

Case brief

What is this about?

What did the court decide?

Mrs.P.Stella Rose, v. B.Arockia Shabine Jones

Case brief

What is this about?

What did the court decide?

What the court decided

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