Allowed

P.Muthazhagu @Priya v. R.Sokkalingakarthikeyan

Madras HC7 Jun 2017TR CMP/10/2017

Case brief

AI extract

What is this about?

The High Court transferred a petition for declaring marriage null and void from the Family Court at Tiruchirapalli to that at Coimbatore. This followed the Petitioner residing in Coimbatore and facing a life threat from the Respondent, justifying a change of jurisdiction for ease and safety of trial.

What did the court decide?

Withdrawal of H.M.O.P.No.165 of 2016 from Family Court, Tiruchirapalli, and its transfer to Family Court, Coimbatore to be tried along with H.M.O.P.No.1351 of 2016.

P.Muthazhagu @Priya Vs R.Sokkalingakarthikeyan — Civil Procedure and Limitation | Madras HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 07.06.2017

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CORAM :

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THE HONOURABLE MS. JUSTICE V.M.VELUMANI

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Tr.C.M.P. No.10 of 2017 and C.M.P.No.345 of 2017

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P.Muthazhagu @ Priya ... Petitioner Vs. R.Sokkalingakarthikeyan ... Respondent

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Prayer:- Petition has been filed under Section 24 of C.P.C., to withdraw H.M.O.P.No.165 of 2016 from the file of the Family Court, Tiruchirapalli and transfer the same to the file of the Family Court, Coimbatore.

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For Petitioner : Mr.S.Madhar Khan For Respondent : No appearance O R D E R

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This petition is filed to withdraw H.M.O.P.No.165 of 2016 from the file of the Family Court, Tiruchirapalli and transfer to the file of the Family Court, Coimbatore.

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The petitioner is the wife and respondent is the husband. The marriage between the petitioner and respondent was conducted on 04.06.2015 as per Hindu rites and customs. Due to dispute, both of them are living separately. The respondent filed H.M.O.P.No.165 of 2016 for declaring the marriage as null and void, on the file of the Family Court, Tiruchirapalli. The petitioner filed H.M.O.P.No.1351 of 2016 for declaring the marriage as null and void, on the file of the Family Court, Coimbatore.

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According to the petitioner, she is residing in Coimbatore. Hence, it is difficult for her to attend the Court at Tiruchirapalli as she is facing life threat at the hands of

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

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the respondent. Therefore, she prays for transfer of H.M.O.P.No.165 of 2016 from the file of the Family Court, Tiruchirapalli, to the file of the Family Court, Coimbatore.

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Though the respondent entered appearance, there is no representation either in person or through counsel.

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Considering the submissions made by the learned counsel for the petitioner, the petition in H.M.O.P.No.165 of 2016 is ordered to be withdrawn from the file of the Family Court, Tiruchirapalli and transferred to the file of the Family Court, Coimbatore and tried along with H.M.O.P.No.1351 of 2016. The Presiding Officer, Family Court, Tiruchirapalli, is directed to transmit all the records pertaining to H.M.O.P.No.165 of 2016 to the file of the Family Court, Coimbatore, within a period of two weeks from the date of receipt of a copy of this order.

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Accordingly, this Transfer Civil Miscellaneous petition
is ordered. No costs. Consequently, connected Miscellaneous
Petition is closed.
Sd/-
Assistant Registrar(CS II)
//True Copy//
Sub Assistant Registrar
kj
To
1.The Family Court Judge, Tiruchirapalli.
2.The Family Court Judge, Coimbatore.
+1cc to Mr.S.Madhar Khan, Advocate, S.R.No.40405
Tr.C.M.P. No.10 of 2017
and C.M.P.No.347 of 2017

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BR(CO) CS/29/06/17

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

P.Muthazhagu @Priya v. R.Sokkalingakarthikeyan

Case brief

What is this about?

What did the court decide?

P.Muthazhagu @Priya v. R.Sokkalingakarthikeyan

Case brief

What is this about?

What did the court decide?

What the court decided

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