Allowed

Sudha Ramasamy v. Ramasamy Muthiah

Madras HC9 Mar 2018TR CMP/523/2017

Case brief

AI extract

What is this about?

The Court allowed a transfer petition under Section 24 CPC. It transferred a divorce petition filed by the husband in Sivagangai to the Chennai Family Court to be tried alongside other pending matrimonial matters involving the wife, citing her health and the provision that the wife's convenience is paramount in such proceedings.

What did the court decide?

H.M.O.P.No.103 of 2016 withdrawn from Sivagangai Family Court and transferred to III Additional Family Court, Chennai.

Sudha Ramasamy Vs Ramasamy Muthiah — Matrimonial and Divorce | Madras HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 09.03.2018

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CORAM :

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THE HONOURABLE Mrs. JUSTICE PUSHPA SATHYANARAYANA

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Tr.C.M.P. No.523 of 2017

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and C.M.P.No.10731 of 2017

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Sudha Ramasamy ... Petitioner/Respondent
versus
Ramasamy Muthiah ... Respondent/Petitioner
Prayer:- The Petition is filed under Section 24 of C.P.C.
praying to withdraw the H.M.O.P.No.103 of 2016 on the file of
the Family Court, Sivagangai District and transfer the same to
Chennai to the file of the III Additional Family Court at
Chennai.
For Petitioner : Ms.Priya
For Respondent : Ms.A.L.Ganthimathi
O R D E R

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The petitioner/wife in the matrimonial proceedings has filed this transfer petition seeking to withdraw H.M.O.P.No.103 of 2016 filed by the respondent/husband under Section13(1)(i-a) of the Hindu Marriage Act for divorce, pending on the file of Family Court, Sivagangai and transfer the same to the file of III Additional Family Court, Chennai.

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From the affidavit it is seen that the petitioner/wife had filed O.P.No.1594 of 2017 under Section 9 of the Hindu Marriage Act r/w. Section 7(i)(a) of Family Courts Act for restitution of conjugal rights and cohabitation with the petitioner consequent to the marriage, which took place on 02.06.2010, and the same is pending before the III Additional Family Court, Chennai.

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

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It is stated that the petitioner/wife has also filed M.C.No.328 of 2017 and same is also pending before the III Additional Family Court, Chennai.

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In paragraph 8 of the affidavit it is stated that the petitioner/wife is suffering from herniated cervical disc and she is unable to travel to Sivagangai. Besides, the respondent/husband is also living only in Singapore and he is prosecuting the case through Power of Attorney. It would not be prejudicial for the respondent/husband, if the O.P. is transferred to Chennai, to be tried along with other two matters pending before the III Additional Family Court, Chennai.

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Heard the learned counsel for the petitioner and the learned counsel for the respondent.

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Considering the above facts and also Section 19(iii-a) of the Hindu Marriage Act, which speaks that the convenience of the wife is paramount, this Court is of the view that H.M.O.P.No.103 of 2016 may be transferred to III Additional Family Court, Chennai, where O.P.No.1594 of 2017 and M.C.No.328 of 2017 are pending.

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Accordingly, the Transfer Civil Miscellaneous petition is allowed by withdrawing H.M.O.P.No.103 of 2016, pending on the file of Family Court, Sivagangai and transferring the same to the file of III Additional Family Court, Chennai, to be tried along with O.P.No.1594 of 2017 and M.C.No.328 of 2017. No Costs. Consequently, connected miscellaneous petition is closed.

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Sd/Asst.Registrar (CS II )

/true copy/

Sub Asst. Registrar

The Family Judge, Sivagangai.

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The III Additional Judge, Family Court, Chennai.

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+1cc to Ms.A.L.Ganthimathi, Advocate sr.no.18310

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Tr.C.M.P. No.523 of 2017 and C.M.P.No.10731 of 2017

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nr 05/04/2018

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

Sudha Ramasamy v. Ramasamy Muthiah

Case brief

What is this about?

What did the court decide?

Sudha Ramasamy v. Ramasamy Muthiah

Case brief

What is this about?

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