Allowed

Jeevalakshmi, v. Devarajan

Madras HC10 Dec 2019TR CMP(MD)/454/2019

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court allowed a Transfer Civil Miscellaneous Petition to shift a divorce proceeding from Thiruvarur to Nagercoil. The transfer was approved based on the wife's residence in Kanyakumari and her duty to care for a three-year-old child, rendering frequent travel to Thiruvarur impractical. The connected miscellaneous petition was also closed.

What did the court decide?

H.M.O.P.No.39 of 2019 withdrawn from Principal Sub Court, Thiruvarur, and transferred to Principal Sub Court, Nagercoil, Kanyakumari District.

Jeevalakshmi, Vs Devarajan — Matrimonial and Divorce | Madras HC (2019)

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TR.C.M.P.(MD) No.454 of 2019

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 10.12.2019

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CORAM:

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THE HONOURABLE MR. JUSTICE R.SUBRAMANIAN TR.C.M.P.(MD) No.454 of 2019 and C.M.P(MD)No.10426 of 2019

Jeevalakshmi

... Petitioner

Vs.

Devarajan ... Respondent

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PRAYER : This Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, to withdraw the H.M.O.P.No.39 of 2019 pending on the file of the Principal Sub Court, Thiruvarur and transfer to the Principal Sub Court, Nagercoil, Kanyakumari District.

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For Petitioner : Mr.G.Ramanathan

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For Respondent : Mr.R.Ramasamy

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ORDER

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The petitioner seeks transfer of H.M.O.P.No.39 of 2019 from the file of the Principal Sub Court, Thiruvarur to the file of the Principal Sub Court, Nagercoil, Kanyakumari District.

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The original petition in H.M.O.P.No.39 of 2019 has been filed by the respondent / husband seeking divorce under Section 13 (1)(i-a) of the Hindu Marriage Act. The petitioner / wife is now residing at Kanyakumari District. The respondent / husband is residing at Thiruvarur. The wife seeks transfer on the ground that she has three years old male child to take care and she cannot travel to Thiruvarur for every hearing. I find that the request for transfer made by the petitioner / wife is reasonable.

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Considering the convenience of the petitioner / wife, I am of the considered opinion that H.M.O.P.No.39 of 2019 on the file of the Principal Sub Court, Thiruvarur, can be transferred to the file of the Principal Sub Court, Nagercoil, Kanyakumari District, for disposal.

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Accordingly, this Transfer Petition is allowed and H.M.O.P.No.39 of 2019 is withdrawn from the file of the Principal https://hcservices.ecourts.gov.in/hcservices/

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TR.C.M.P.(MD) No.454 of 2019

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Sub Court, Thiruvarur, and transferred to the file of the Principal Sub Court, Nagercoil, Kanyakumari District, to be disposed of in accordance with law. No costs. Consequently, connected miscellaneous petition is closed.

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Sd/Assistant Registrar(CS-III) // True Copy //

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Sub Assistant Registrar(CS)

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1.The Principal Subordinate Judge, Thiruvarur.

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2.The Principal Subordinate Judge, Nagercoil, Kanyakumari District,

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+1 CC to M/s.R.RAMASAMY, Advocate ( SR-104319[F] dated 11/12/2019 )

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+1 CC to M/s.G.RAMANATHAN, Advocate ( SR-104334[F] dated 11/12/2019 )

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TR.C.M.P.(MD) No.454 of 2019 10.12.2019

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se(CO) TR(30.12.2019)2P 5C

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

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Jeevalakshmi, v. Devarajan

Case brief

What is this about?

What did the court decide?

Jeevalakshmi, v. Devarajan

Case brief

What is this about?

What did the court decide?

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