Allowed

D.M.Joel Mathan Roy, v. M.Thaya Merlin W/O.D.M.Joel

Madras HC22 Jul 2014TR CMP(MD)/329/2011

Case brief

AI extract

What is this about?

This order allowed a special leave petition under Section 24 CPC to transfer a petition for divorce from the Family Court, Coimbatore, to the District Court, Kanyakumari, for joint trial with a pending petition for restitution of conjugal rights.

What did the court decide?

IDOP No. 1266 of 2011 transferred from Family Court, Coimbatore to District Court, Kanyakumari for joint trial.

D.M.Joel Mathan Roy, Vs M.Thaya Merlin W/O.D.M.Joel — Service and Employment | Madras HC (2014)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 22.07.2014

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CORAM:

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THE HONOURABLE MR.JUSTICE R.KARUPPIAH

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TR CMP(MD).No.329 of 2011 and M.P.(MD).No.1 of 2011

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D.M.Joel Mathan Roy ... Petitioner/Respondent

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Vs.

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M.Thaya Merlin

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... Respondent/Petitioner

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PRAYER: This Petition is filed under Section 24 of C.P.C., to withdraw the petition in IDOP No.1266 of 2011 on the file of the Family Court, Coimbatore, Coimbatore District and transfer the same to Court of the District Judge, Kanyakumari District and to hear along with IDOP No.304 of 2011.

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For Petitioner : Mr.E.V.N.Siva For Respondent : No appearance

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O R D E R

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The Tr.CMP No.329 of 2011 has been filed by the petitioner/husband to withdraw the IDOP No.1266 of 2011 from the Family Court, Coimbatore, Coimbatore District and transfer the same to the District Court, Kanyakumari District and to hear along with IDOP No.304 of 2011.

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2.Heard the learned counsel appearing for the petitioner. No representation on the side of the respondent.

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3.The learned counsel appearing for the petitioner/husband submitted that the petitioner has filed IDOP No.304 of 2011 which is pending before the District Court, Kanyakumari District, seeking for restitution of conjugal rights against the respondent/wife and the respondent herein filed IDOP No.1266 of https://hcservices.ecourts.gov.in/hcservices/ 2011 seeking for divorce and the same is pending before the Family Court, Coimbatore. The learned counsel further submitted that the respondent's father is working as Special Sub-Inspector of Police

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at Coimbatore City and gave a false complaint against the petitioner/husband. The learned counsel further submitted that the petitioner reasonably apprehended for conducting the case at Family Court, Coimbatore, since the respondent is a financially sound person and having high political influence and therefore, it creates reasonable apprehension in the minds of the petitioner. Therefore, he prayed for transfer the IDOP No.1266 of 2014 pending on the file of the Family Court, Coimbatore to the District Court, Kanyakumari District and try along with IDOP NO.304 of 2011.

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4.In such circumstances, in a decision reported in II(2014) DMC 97(SC) , NISHAPRIYA V. R.J.SATHISH KUMAR , wherein the Hon'ble Supreme Court has ordered to transfer the case pending from the Family Court, Hydrabad to the Principal District Court, Thanjavore, Tamilnadu.

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5.In view of the reasons stated in the petition and also the law laid down by the Hon'ble Supreme Court, this petition is ordered and the IDOP No.1266 of 2011 is ordered to transfer from the file of the Family Court, Coimbatore, Coimbatore District to the file of the District Court, Kanyakumari District for joint trial along with IDOP No.304 of 2011. No costs. Consequently, the connected miscellaneous petition is closed.

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Sd/Assistant Registrar(AE)

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/True Copy/

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Sub-Assistant Registrar

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1.The Family Court, Coimbatore, Coimbatore District. 2.The District Judge, The District Court, Kanyakumari District. +One cc to Mr.E.V.N.Siva, Advocate, SR.No.40791 Ns RL/4 c- 6/8/2014

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TR CMP(MD).No.329 of 2011 and M.P.(MD).No.1 of 2011

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

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22.07.2014

D.M.Joel Mathan Roy, v. M.Thaya Merlin W/O.D.M.Joel

Case brief

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What did the court decide?

D.M.Joel Mathan Roy, v. M.Thaya Merlin W/O.D.M.Joel

Case brief

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What did the court decide?

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