Dismissed

R.Ulagammal @ Usha Nandhini, v. G.Pon Muthu

Madras HC8 Nov 2019TR CMP(MD)/44/2019

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court dismissed a transfer petition. The court held that transferring a divorce filing from Periyakulam to Srivilliputhur was unnecessary given remote hearing requirements and the husband's business presence. An adjournment was granted for the wife's cross-examination.

What did the court decide?

Transfer petition dismissed; adjournment granted for cross-examination; respondent to bear travel and stay expenses.

R.Ulagammal @ Usha Nandhini, Vs G.Pon Muthu — Matrimonial and Divorce | Madras HC (2019)

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TR.C.M.P.(MD) No.44 of 2019

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 08.11.2019

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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.44 of 2019 and C.M.P.(MD) No.1330 of 2019

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R.Ulagammal @ Usha Nandhini

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... Petitioner/Respondent

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vs.

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G.Ponmuthu ... Respondent/Petitioner

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Prayer:- This Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the case in HMOP.No.3 of 2019 on the file of the Sub Court, Periyakulam and transfer the same to the Family Court, Srivilliputhur, Virudhunagar District.

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For Petitioner : Mr.I.Velpradeep For Respondent : No appearance

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ORDER

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The above Transfer Civil Miscellaneous Petition is filed by the petitioner/wife seeking to transfer the petition in HMOP.No.3 of 2019 filed by the respondent/husband for divorce on the file of the Sub Court, Periyakulam to the file of Family Court, Srivilliputhur, Virudhunagar District.

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2.The reason seeking to transfer is only with regard to the distance between Srivilliputhur and Periyakulam.

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3.Considering the fact that the proceedings are now pending before the Subordinate Court, Periyakulam, where, the presence of the parties is not required for every hearing and also taking into considering the fact that the respondent/husband is carry on business, this Court is of the view that there is no necessity to transfer the petition. Therefore, this Transfer Civil Miscellaneous Petition is dismissed. However, it is made clear that since the petitioner/wife is travelling all the way from Srivilliputhur to Periyakulam, her cross-examination shall be positively concluded on the very same day. In case, the crossexamination is not done, it will be deem it fit that the respondent has chosen not to cross-examine the petitioner. If https://hcservices.ecourts.gov.in/hcservices/ the matter shall be adjourned, the respondent shall pay the

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1/2

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TR.C.M.P.(MD) No.44 of 2019

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expenses both for travel and stay for the petitioner. No costs. Consequently, connected miscellaneous petition is closed.

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Sub Assistant Registrar(CS)

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mm To The Subordinate Judge, Periyakulam.

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TR.C.M.P.(MD) No.44 of 2019 08.11.2019

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KM/(12.12.2019) 2P 2C

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

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R.Ulagammal @ Usha Nandhini, v. G.Pon Muthu

Case brief

What is this about?

What did the court decide?

R.Ulagammal @ Usha Nandhini, v. G.Pon Muthu

Case brief

What is this about?

What did the court decide?

What the court decided

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