Allowed

Sudha D/O Dharmaraj v. S.Suresh

Madras HC27 Apr 2019TR CMP/700/2018

Case brief

AI extract

What is this about?

The Court transferred a petition for restitution of conjugal rights from the Additional Family Court, Chennai, to the Additional Family Court, Coimbatore, to consolidate proceedings and reduce hardship for the petitioner residing in Coimbatore.

What did the court decide?

H.M.O.P.No.940 of 2017 withdrawn from I Additional Family Court, Chennai and transferred to Additional Family Court, Coimbatore.

Sudha D/O Dharmaraj Vs S.Suresh — Matrimonial and Divorce | Madras HC (2019)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶2

DATED:27.04.2019

¶3

CORAM:

¶4

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ

¶5

Tr.CMP.Nos.700 of 2018 and C.M.P.No.17359 of 2018

¶6

Sudha ... Petitioner

¶7

S.Suresh ... Respondent

¶8

PRAYER: Transfer Civil Miscellaneous petitions filed under section 24 of the Civil Procedure Code, praying to withdraw the H.M.O.P.No.940 of 2017 on the file of I Additional Family Court, Chennai and transfer the same to the Additional Family Court, Coimbatore.

¶9

For petitioner : Mr.M.Senthilkumar

¶10

This petition is filed by the petitioner seeking to withdraw the H.M.O.P.No.940 of 2017 on the file of I Additional Family Court, Chennai and transfer the same to the Additional Family Court, Coimbatore.

¶11

The petitioner is the wife. The wife filed a petition for divorce before Additional Family Court, Coimbatore. The respondent / husband filed a petition for restitution of conjugal rights before I Additional Family Court, Chennai. Now, the wife seeks transfer of petition filed by husband before I Additional Family Court, Chennai to Additional Family Court, Coimbatore to be tried along with petition filed by her.

¶12

Despite the service of notice, the respondent has not chosen to appear before the Court either in person or through Counsel.

¶13

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

¶14

Admittedly the petitioner is residing in Coimbatore and she finds it difficult to travel from Coimbatore to Chennai for every hearing of the case. Considering the physical hardship caused to the petitioner as well as to avoid multiplicity of proceedings, this Court is inclined to transfer the petition filed by husband from Chennai to Coimbatore. Accordingly, H.M.O.P.No.940 of 2017 pending on the file of I Additional Family Court, Chennai is withdrawn and transferred to Additional Family Court, Coimbatore to be tried along with H.M.O.P.No.784 of 2018. The learned Judge is directed to renumber the petition, issue notice to the parties and dispose of the case as expeditiously as possible.

¶15

The transfer civil miscellaneous petition is ordered, accordingly. No costs. Consequently, connected civil miscellaneous petition is closed.

¶16

Sd/Assistant Registrar

¶17

//True Copy//

¶18

Sub Assistant Registrar

¶19

bkn

¶20

¶21

The Judge, I Additional Family Court, Chennai. 2. The Judge, Additional Family Court, Coimbatore.

¶22

+1cc to Mr.G.Ganapathy, Advocate sr.41515

¶23

Tr.CMP.Nos.700 of 2018 and C.M.P.No.17359 of 2018

¶24

nr 04/09/2019

¶25

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

Sudha D/O Dharmaraj v. S.Suresh

Case brief

What is this about?

What did the court decide?

Sudha D/O Dharmaraj v. S.Suresh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

A.Isabella Rajereegam Vs S.Arulanantham

A.Chandra Prabha Vs a.Balasubramanian

Bono Venture Vs Jude Grace Daliya

S.Anusha Vs Arunkumar

Kesavardhini@Nandhini Vs M.Sundarraj

A.Kaleelullah Vs a.Inayathullah