Allowed

Pragadesswari v. Aranganathan

Madras HC12 Oct 2018TR CMP/441/2018

Case brief

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What is this about?

The court allowed a transfer petition to move a pending divorce case from the Family Court, Dindugul, to the Sub-Court, Dharapuram. The petitioner argued residence and hardship, while the respondent, absent, had to attend a separate maintenance case at the destination court, negating any prejudice to him.

What did the court decide?

Transfer of HMOP No.63 of 2018 from Family Court, Dindugul to Sub-Court, Dharapuram and closure of connected CMP No.11228 of 2018.

Pragadesswari Vs Aranganathan — Civil Procedure and Limitation | Madras HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS RESERVED ON : 10.10.2018

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PRONOUNCED ON : 12.10.2018

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CORAM

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THE HONOURABLE MR.JUSTICE T.RAVINDRAN

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Transfer CMP.No.441 of 2018 and CMP.No.11228 of 2018 Pragadeeswari ... Petitioner Vs. Aranganathan ... Respondent

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Prayer :- Transfer Civil Miscellaneous Petition has been filed under Section 24 of CPC to withdraw the HMOP No.63 of 2018 pending on the file of Family Court, Dindugul and transfer the same to Subordinate Court, Dharapuram by appreciating the abovesaid facts and circumstances of the case.

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For Petitioner : Mr.M.Guruprasad

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For Respondent : No appearance set exparte vide order dated 10.10.2018

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ORDER

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The petitioner is the wife. The respondent is the husband.

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2.The respondent has levied HMOP No.63 of 2018 against the petitioner for divorce and the same is pending on the file of the Sub-Court, Dindugul. The petitioner has levied maintenance case against the respondent in MC No.8 of 2018 and the same is pending on the file of the Judicial Magistrate Court, Dharapuram.

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3.Seeking transfer of the matrimonial proceeding of the respondent from the Family Court, Dindugul to Sub-Court, Dharapuram, the transfer petition has been laid by the petitioner on the footing that she is a resident of Dharapuram and unable to attend the proceeding at Dindugul Court, considering the long distance between her residence and Dindugul and also contended that the respondent being required to defend the maintenance case at Dharapuram Court, the respondent would not be put to loss and hardship to attend the proceeding at Dharapuram Court and accordingly, prayed for the transfer.

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4.Insofar as this matter is concerned, despite the service of notice on the respondent, the respondent has not chosen to contest the transfer request of the petitioner and accordingly, he having being called and remaining absent, and thereby, set exparte.

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5.The petitioner has putforth certain inconvenience and hardship in attending the proceeding at Dindugul Court and the same is not repudiated by the respondent by contesting the transfer request

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putforth by the petitioner. Furthermore, the respondent would be required to defend the maintenance case levied by the petitioner and the same is pending on the file of the Judicial Magistrate Court, Dharapuram. In such view of the matter, it is seen that the respondent would not be seriously prejudiced, if the matrimonial proceeding laid by him is transferred to Dharapuram Court from the file of the Dindugul Court as prayed for, accordingly, it is seen that the respondent had also not evinced any interest to challenge the transfer request of the petitioner.

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6.Considering the above factors, it is found that the petitioner has made out a sufficient cause for acceding to the transfer request projected by the petitioner. Resultantly, HMOP No.63 of 2018 is withdrawn from the Family Court, Dindugul and transferred to the Sub-Court, Dharapuram for disposal as per law.

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Accordingly, the Transfer Civil Miscellaneous Petition is allowed. Consequently, connected CMP No.11228 of 2018 is also closed.

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Index : Yes / No Internet : Yes / No sms 12.10.2018

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1.The Family Court, Dindugul. 2.The Subordinate Court, Dharapuram.

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T.RAVINDRAN, J.

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sms

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Pre-delivery Order made in Transfer CMP.No.441 of 2018 and CMP.No.11228 of 2018

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12.10.2018

Pragadesswari v. Aranganathan

Case brief

What is this about?

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Pragadesswari v. Aranganathan

Case brief

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