Disposed

Sathya,W/O.Arun Kumar v. Arunkumar,S/O.Ganesan

Madras HC16 Mar 2017TR CMP/742/2015

Case brief

AI extract

What is this about?

This court ordered the transfer of a Family Court Original Petition from Dharmapuri to the Sub Court at Tiruvannamalai to be tried with a pending restitution of conjugal rights petition filed by the wife there.

What did the court decide?

Original Petition in F.C.M.O.P. No.235 of 2014 withdrawn from Family Court, Dharmapuri and transferred to Sub Court, Tiruvannamalai with a direction to dispose within six months.

Sathya,W/O.Arun Kumar Vs Arunkumar,S/O.Ganesan — Property and Title | Madras HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 16.03.2017

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CORAM

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THE HONOURABLE THIRU JUSTICE M. DURAISWAMY

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Tr.C.M.P.No.742 of 2015 & M.P.No.1 of 2015

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Sathya ... Petitioner
v.
Arunkumar ... Respondent
Tr.C.M.P. filed under section 24 of C.P.C., to withdraw
the withdraw the F.C.M.O.P.No.235 of 2014 pending on the file
of Family Court at Dharmapuri and transfer the same to Sub
Court Tiruvannamalai.
For Petitioner : Mr.B.Jawahar
For Respondent : Mr.R.Thirugnanam
O R D E R
Heard both sides.
2. The petitioner, who is the wife of the respondent, has
filed the above Tr.C.M.P. to withdraw the Original Petition
in F.C.M.O.P.No.235 of 2014 pending on the file of Family
Court, Dharmapuri and to transfer the same to the file of Sub
Court Tiruvannamalai.

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In the affidavit filed in support of the Petition it has been stated that she is residing at Bonthai Village, Thandarampattu Taluk, Tiruvannamalai District and she has also filed a Original Petition in H.M.O.P.No.36 of 2015 for restitution of conjugal rights before the Sub Court, Tiruvannamalai. Further, she has also filed a Maintenance Case in M.C.No.2 of 2015 before the Judicial Magistrate Court, Chengam. Since the respondent has filed the Original Petition in F.C.M.O.P.No.235 of 2014 before the Family Court, Dharmapuri, she has stated that she is finding it difficult to travel from her native place in Tiruvannamalai District to Dharmapuri.

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

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Mr.R.Thirugnanam, learned counsel appearing for the respondent submitted that instead of transferring F.C.M.O.P.No.235 of 2014 to Sub Court Tiruvannamalai, the same can be transferred to Sub Court, Uthankarai, which is 70 kms. away from Dharmapuri and 57 kms. away from petitioner's residence.

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However, since the petitioner-wife has already filed a petition in H.M.O.P.No.36 of 2015 for restitution of conjugal rights before the Sub Court, Tiruvannamalai, I am of the view that the Original Petition in F.C.M.O.P.No.235 of 2014 can be transferred to the file of Sub Court, Tiruvannamalai to be tried along with H.M.O.P.No. 36 of 2015.

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Accordingly, the Original Petition in F.C.O.P.No.235 of 2014 pending on the file of Family Court, Dharmapuri is withdrawn and transferred to the file of Sub Court, Tiruvannamalai to be tried along with H.M.O.P.No. 36 of 2015. Since the Original Petition is pending from 2014, I direct the Sub Court, Tiruvannamalai District to dispose of both the Original Petitions on merits and in accordance with law, within a period of six months, from the date of receipt of a copy of this order.

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With these observations, the Tr.C.M.P. is ordered. No costs. Consequently, connected miscellaneous petition is closed.

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Sd/-
Asst.Registrar
/true copy/
Sub Asst. Registrar
Rj
To
1.The Family Court,
Dharmapuri

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2.The Subordinate Court, Tiruvannamalai. +1cc to Mr.Thirugnanam,Advocate sr.16635 +1cc to Mr.Jawahar,Advocate sr.16578

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Tr.C.M.P.No.742 of 2015 & M.P.No.1 of 2015 mg(co) ss(23/3/2017)

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

Sathya,W/O.Arun Kumar v. Arunkumar,S/O.Ganesan

Case brief

What is this about?

What did the court decide?

Sathya,W/O.Arun Kumar v. Arunkumar,S/O.Ganesan

Case brief

What is this about?

What did the court decide?

What the court decided

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