Allowed

J. Buvaneswari v. M. Sridhar

Madras HC16 Jun 2017TR CMP/806/2016

Case brief

AI extract

What is this about?

The High Court ordered a transfer of H.M.O.P.No.83 of 2016 (divorce petition) from Principal Subordinate Court, Tiruvannamalai, to Principal Subordinate Court, Neyveli. The transfer was granted despite the petitioner citing marital discord and safety threats, noting the respondent had no objection to the transfer.

What did the court decide?

Transfer of the divorce petition (H.M.O.P.No.83 of 2016) from Tiruvannamalai to Neyveli Subordinate Court ordered; personal appearance of respondent dispensed with.

J. Buvaneswari Vs M. Sridhar — Matrimonial and Divorce | Madras HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 16.06.2017

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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.806 of 2016 and C.M.P.No.20303 of 2016

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J.Buvaneswari ... Petitioner/Respondent

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Vs. M.Sridhar ... Respondent/Petitioner

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Prayer:- Petition has been filed under Section 24 of C.P.C., to withdraw H.M.O.P.No.83 of 2016 from the file of the Principal Subordinate Court, Tiruvannamalai and transfer the same to the file of the Principal Subordinate Court, Neyveli.

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This petition is filed to withdraw H.M.O.P.No.83 of 2016 from the file of the Principal Subordinate Court, Tiruvannamalai and transfer the same to the file of the Principal Subordinate Court, Neyveli.

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The petitioner is the wife and respondent is the husband. The marriage between the petitioner and respondent was conducted on 02.07.2014 as per Hindu rites and customs. Due to difference of opinion arose between the petitioner and respondent, both of them are living separately. The respondent filed H.M.O.P.No.83 of 2016 for divorce on the file of the Principal Subordinate Court, Tiruvannamalai.

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According to the petitioner, she is residing along with her mother in Neyveli. There is no other person to accompany her for attending the hearing at Tiruvannamalai. Hence, it is difficult for her to attend the Court at Tiruvannamalai, as she is also facing life threat at the hands of the respondent. Therefore, she prays for transfer of H.M.O.P.No.83 of 2016 from the file of the Principal Subordinate Court, Tiruvannamalai, to the file of the Principal Subordinate Court, Neyveli.

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

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Learned counsel for the respondent submitted that the respondent has no objection to transfer the case as sought for by the petitioner. His personal appearance may be dispensed with for all the hearings and prayed for early disposal of H.M.O.P.No.83 of 2016.

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Recording the no objection given by the learned counsel for the respondent, the petition in H.M.O.P.No.83 of 2016 is ordered to be withdrawn from the file of the Principal Subordinate Court, Tiruvannamalai and transferred to the file of the Principal Subordinate Court, Neyveli. The personal appearance of the respondent is dispensed with and he shall appear before the Principal Subordinate Court, Neyveli, whenever the Court directs the respondent to appear for the hearing. The Principal Subordinate Court, Tiruvannamalai, is directed to transmit all the records pertaining to H.M.O.P.No.83 of 2016 to the file of the Principal Subordinate Court, Neyveli, within a period of two weeks from the date of receipt of a copy of this order. The Principal Subordinate Court, Neyveli, is directed to dispose H.M.O.P.No.83 of 2016 as expeditiously as possible, in any event, not later than, six months from the date of receipt of a copy of this order. 6. Accordingly, this Transfer Civil Miscellaneous petition is ordered. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar kj To 1.Principal Subordinate Court, Tiruvannamalai. 2.Principal Subordinate Court, Neyveli. +1cc to Mr.M.L.Ramesh, Advocate Sr. 42697 +1cc to Mr.K.Govi Ganesan, Advocate Sr. 42755

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Tr.C.M.P. No.806 of 2016 and C.M.P.No.20303 of 2016 KK(CO) VR(28/06/2017)

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

J. Buvaneswari v. M. Sridhar

Case brief

What is this about?

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J. Buvaneswari v. M. Sridhar

Case brief

What is this about?

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