Allowed

J.Reka v. M.Natarajan

Madras HC14 Feb 2014TR CMP/503/2013

Case brief

AI extract

What is this about?

The Madras High Court allowed a revision petition under Section 24 of the CPC, directing the withdrawal of a pending husband's divorce petition from the Family Court, Coimbatore, and its transfer to the Principal Family Court, Chennai, citing the wife's travel difficulties and economic dependence on her parents in Chennai.

What did the court decide?

The petition for withdrawal of the case from Family Court, Coimbatore and transfer to Principal Family Court, Chennai is allowed.

J.Reka Vs M.Natarajan — Civil Procedure and Limitation | Madras HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATE: 14.02.2014

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CORAM

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THE HONOURABLE MR.JUSTICE T.MATHIVANAN

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Tr.CMP.No.503 of 2013

M.P.No.1 of 2013

J.Reka

Versus

Prayer: Revision petition is filed under Section 24 of CPC., praying for a direction to withdraw the case in HMOP.No.388 of 2013 pending on the file of the Family Court, Coimbatore and transfer the same to the Sub Court, Poonamalee.

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For Petitioner : Mr.A.K.Manickam

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For Respondent : Mr.N.Umapathi

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1.Invoking the provisions of Section 24 of C.P.C., the petitioner has filed this application to withdraw the case in HMOP.No.388 of 2013 pending on the file of the Family Court, Coimbatore and transfer the same to the Sub Court, Poonamalee.

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From the averments of the affidavit filed in support of the petition it is revealed that the marriage between the petitioner and the respondent was solemnised on 23.05.2011 at Uruthikottaivattakai Nagarathar Thirumanamandabam at Kalayar Kovil, Sivagangai District according to Hindu rites and customs. It is submitted by the petitioner that from day one, the respondent had started ill treating the petitioner and used to humiliate her with nasty comments even for trivial issues. Later the respondent and his mother, started demanding additional dowry of Rs.1lakhs. On expression of inability from the petitioner's parents the respondent had gone to the extent of beating the petitioner and she was driven out of her matrimonial home. Thus the petitioner had lodged a complaint before the All Women's Police Station, Sivagangai and later the same was withdrawn and thereafter, she started living with her parents in Chennai.

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

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3.Under this circumstance the respondent had filed a divorce petition against the petitioner in HMOP.No.388 of 2013 before the Family Court, Coimbatore.

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4.Mr.A.K.Manickam learned counsel for the petitioner has submitted that the petitioner finds it very difficult to travel all along from Chennai to Coimbatore along with her younger brother and she is depending on her parents for her daily bread and therefore, he has urged before this court to allow the prayer sought for in this civil revision petition.

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This court has perused the averments of the petition. Having regard to the related facts and circumstances and also on considering the inconvenience which is being experienced by the petitioner, this court finds it expedient to allow this petition.

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Accordingly, HMOP.No.388 of 2013 is ordered to be withdrawn from the file of the Family Court, Coimbatore and transfer the same to the Principal Family Court, Chennai* The learned Family Court Judge, Coimbatore is directed to transmit the entire records pertaining to the case in HMOP.No.388 of 2013 to the transferee court, within a period of one week from the date of receipt of a copy of this order.

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With this observation this petition is allowed. No Costs. Connected miscellaneous petition is closed.

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Sd/-

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Assistant Registrar(CS-II) Dated:5 .08.2014

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Corrected as per order of this Court dated 25.08.2014 in Tr.CMP.No.503/2013

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//True Copy//

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Sd/-

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Assistant Registrar (IV) dt. 26.08.2014

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Sub Assistant Registrar

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prm

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

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To To be Substituted
1l The Family Court, Coimbatore. the order already
2. The Principal Family Court, Chennai.* despatched on
on 16.08.2014
1 cc to M/s.N. Umapathi, Advocate, Sr.39377*
1 cc to M/s.M/s.A.K. Manickam, Advocate, SR. 7054
Tr.CMP.No.503 of 2013
M.P.No.1 of 2013
RSI (CO)
kk 6/8
EU 26.08.14

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

J.Reka v. M.Natarajan

Case brief

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J.Reka v. M.Natarajan

Case brief

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