Allowed

Tamilselvi, D/O. P. Sakthivel v. P. Sakthivel

Madras HC27 Apr 2016TR CMP/41/2016

Case brief

AI extract

What is this about?

The Single Judge allowed the petitioner-wife's application to transfer her husband's matrimonial petition for judicial separation from the Court at Coimbatore to the Court at Bhavani. The transfer was granted based on her residence and inconvenience to travel, relying on the right to file a matrimonial petition at her preferred location under the Hindu Marriage Act.

What did the court decide?

The petitioner's transfer petition is allowed; H.M.O.P. No. 182 of 2015 is withdrawn from Coimbatore and transferred to Bhavani.

Tamilselvi, D/O. P. Sakthivel Vs P. Sakthivel — Matrimonial and Divorce | Madras HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED 27.04.2016

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CORAM

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THE HONOURABLE Mr. JUSTICE P.R.SHIVAKUMAR

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Tr.C.M.P.No.41 of 2016

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and C.M.P.Nos.715 & 716 of 2016

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Mrs.Tamilselvi ... Petitioner
Vs
Mr.P.Sakthivel ... Respondent
Transfer Civil Miscellaneous Petition filed under Section 24 of
C.P.C. to withdraw and transfer H.M.O.P.No.182 of 2015 on the file
of the II Additional Subordinate Judge, Coimbatore to the file of
Subordinate Court, Bhavani.
For Petitioner : Mr.R.Prabakar
For Respondent : Mr.P.Sakthivel
O R D E R
Though the respondent was served with notice and his name has
been printed in the cause list, he has not chosen to enter
appearance either in person or through counsel to oppose this
petition. The respondent is the husband of the petitioner. He
filed H.M.O.P No.182 of 2015 on the file of II Additional
Subordinate Court, Coimbatore for the relief of judicial separation.
The respondent therein, who is the petitioner in the revision, has
come forward with the present Transfer Civil Miscellaneous Petition
for transferring the H.M.O.P from the Sub-Court, Coimbatore to the
Sub-Court, Bhavani, which exercises jurisdiction over the present
place of her residence. In the H.M.O.P itself the respondent has
furnished the present address of the petitioner herein as follows:

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“jpUkjp jkpH;r;bry;tp. j-bg FUrhkp. 32-80 khupak;kd; nfhapy; tPjp $k;ig. ghtdp tl;lk;. <nuhL khtl;lk;”“ “

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Petitioner is the wife and the respondent is the husband. The respondent-husband filed H.M.O.P.No. 182 of 2015

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

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judicial separation. The petitioner-wife, who is in Jambai, Bhavani Taluk, pleads inconvenience to go to Coimbatore to resist the case. The said reason has not been seriously disputed by the respondent. Further, the right conferred on the wife under Section 19[iii-a] of Hindu Marriage Act, 1955 should be liberally construed. Hence, this Court comes to the conclusion that the prayer made by the petitioner has got to be countenanced.

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Accordingly, the petition is allowed and H.M.O.P.No. 182 of 2015 pending on the file of II Additional Subordinate Judge, Coimbatore is withdrawn and transferred to the file of the Subordinate Court, Bhavani. No costs. Consequently, the connected Miscellaneous Petition is closed. Consequently, the connected miscellaneous petitions are closed.

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Sd/-
Asst.Registrar (CS VII )
/true copy/
Sub Asst. Registrar
gpa
To
1. The II Additional Subordinate Judge
Coimbatore
2. The Subordinate Judge,
Bhavani
1 cc to Mr.R. Prabakar, Advocate, Sr. 26686

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Tr.C.M.P.No.41 of 2016 and C.M.P.Nos.715 & 716 of 2016

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KSJ (CO) kk 19/5

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

Tamilselvi, D/O. P. Sakthivel v. P. Sakthivel

Case brief

What is this about?

What did the court decide?

Tamilselvi, D/O. P. Sakthivel v. P. Sakthivel

Case brief

What is this about?

What did the court decide?

What the court decided

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