Allowed

P.Shanmugasundari v. P.Ramasundaram

Madras HC17 Dec 2019TR CMP/622/2019

Case brief

AI extract

What is this about?

Petitioner sought transfer of a Hindu Marriage Opposite Party petition from Thoothukudi to Chennai Subordinate Court for convenience and to try alongside another pending case there. The Single Judge allowed the transfer and expedited trial.

What did the court decide?

H.M.O.P.No.206 of 2018 withdrawn from Thoothukudi file and transferred to VI Additional Family Court, Chennai, for trial along with O.P.No.1428 of 2019. Connected C.M.P. closed. No costs.

P.Shanmugasundari Vs P.Ramasundaram — Civil Procedure and Limitation | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 17.12.2019

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CORAM:

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THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN

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Transfer C.M.P.No.622 of 2019

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P.Shanmuga Sundari ...Petitioner

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vs.

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P.Ramasundaram ...Respondent

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Tr.C.M.P. filed under Section 24 of C.P.C., to withdraw H.M.O.P.No.206 of 2018 pending on the file of the Subordinate Court, Thoothukudi and transfer the same to the file of the VI Additional Family Court, High Court Buildings, Chennai, to be tried along with O.P.No.1428 of 2019, pending there.

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The Petitioner, who is residing at Chennai, has come up with this Petition seeking transfer of H.M.O.P.No.206 of 2018 pending on the file of the Subordinate Court, Thoothukudi to the file of the VI Additional Family Court, Chennai.

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According to the Petitioner, it would be difficult for her to travel all the way from Chennai to attend the hearings in H.M.O.P.No.206 of 2018 at Thoothukudi, along with her child.

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Heard the learned counsel for the Petitioner. None appears on behalf of the Respondent, in spite of his name printed in the cause list, after service of notice and effecting of paper publication in the Tamil Daily 'Dhinathanthi' on 20.11.2019.

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There is nothing on record to suspect the bonafides in filing this Transfer Petition. I am therefore of the view that the Transfer Petition deserves to be allowed.

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In the result, the proceedings in H.M.O.P.No.206 of 2019 is withdrawn from the file of the Subordinate Court, Thoothukudi and is transferred to the file of the VI Additional Family Court, Chennai, for trial along with

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

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O.P.No.1428 of 2019. The VI Additional Family Court, Chennai is expected to conclude the trial, as expeditiously as possible, without adjourning the matter beyond 30 working days at any point of time, to bring the issue to a logical end.

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The Transfer Civil Miscellaneous Petition is allowed
as indicated above. No costs. Consequently, connected
C.M.P.No.17934 of 2019 is closed.
Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
(tta/aeb)
To :
1.The Subordinate Judge, Thoothukudi.
2.The VI Additional Judge Family Court, Chennai.
+1cc to M/s.S.Viji, Advocate SR.104945
Tr.C.M.P.No.622 of 2019
MP(CO)
CB(29/01/2020)

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

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P.Shanmugasundari v. P.Ramasundaram

Case brief

What is this about?

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P.Shanmugasundari v. P.Ramasundaram

Case brief

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