Allowed

Nagalakshmi v. Dinesh

Madras HC22 Oct 2019TR CMP(MD)/276/2019

Case brief

AI extract

What is this about?

The Court allowed a transfer petition filed under Section 24 CPC to shift a divorce petition from the Principal Sub Court, Tirupur, to the Sub Court, Uthamapalayam, Theni District. The Court directed record transmission and fixed a four-month timeline for disposal.

What did the court decide?

Order to withdraw and transfer H.M.O.P.No.386 of 2018 from Principal Sub Court, Tirupur to Sub Court, Uthamapalayam, with fixed timelines for filing counter and disposal on merits.

Nagalakshmi Vs Dinesh — Matrimonial and Divorce | Madras HC (2019)

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Tr.C.M.P. (MD)No.276 of 2019

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 22.10.2019

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CORAM

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THE HONOURABLE MS.JUSTICE P.T.ASHA

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Tr.C.M.P. (MD)No.276 of 2019 and C.M.P(MD) No.6477 of 2019

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Nagalakshim

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... Petitioner/Respondent

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Vs.

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Dinesh ... Respondent/Petitioner

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PRAYER:- Petition filed under Section 24 of Civil Procedure Code, to withdraw and transfer the petition in H.M.O.P.No.386 of 2018 on the file of the Principal Sub Court, Tirupur to the Sub Court, Uthamapalayam, Theni District.

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For Petitioner : Mr.M.Kaliraj For Respondent : Mr.B.Fazil Kirmani

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ORDER

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The above Transfer Civil Miscellaneous Petition has been filed by the wife seeking to transfer the petition for divorce filed by the respondent in H.M.O.P.No.386 of 2018 on the file of the Principal Sub Court, Tirupur to the file of the Sub Court, Uthamapalayam, Theni District.

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2.The learned counsel appearing for the respondent would submit that the respondent has no objection to transfer, as sought for by the petitioner. But however, he would request that time frame may be fixed for disposing H.M.O.P.No.386 of 2018.

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3.Considering the fact that the respondent has no objection to transfer the petition, the petition in H.M.O.P.No.386 of 2018 is ordered to be withdrawn and transferred from the file of the Principal Sub Court, Tirupur, to the file of Subordinate Court, Uthamapalayam, Theni District. The learned Principal Subordinate Judge, Tirupur, is directed to transmit the entire records in H.M.O.P.No.386 of 2018 to the Subordinate Court, Uthamapalayam, Theni District. The petitioner shall file her counter within a period of three weeks from the date of taking up H.M.O.P.No.386 of https://hcservices.ecourts.gov.in/hcservices/ 2018 by the Sub Court, Uthamapalayam, Theni District, after

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Tr.C.M.P. (MD)No.276 of 2019

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transfer. The learned Subordinate Judge, Uthamapalayam, Theni District, is directed to dispose of H.M.O.P.No.386 of 2018 on merits and in accordance with law within a period of four months thereafter.

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With the above directions, this Transfer Civil Miscellaneous

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Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.

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Sd/-

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Assistant Registrar // True Copy //

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Sub Assistant Registrar(CS )

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cp To 1.The Principal Subordinate Judge, Tirupur. 2.The Subordinate Judge, Uthamapalayam, Theni District. +1 CC to M/s.M.KALIRAJ, Advocate SR-93828. +1 CC to M/s.B.FAZIL KIRMANI, Advocate SR-94369. CS(14.11.2019) 2P 5C

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Tr.C.M.P. (MD)No.276 of 2019 and C.M.P(MD) No.6477 of 2019 22.10.2019

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

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Nagalakshmi v. Dinesh

Case brief

What is this about?

What did the court decide?

Nagalakshmi v. Dinesh

Case brief

What is this about?

What did the court decide?

What the court decided

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