Allowed

Meena Sundari v. Marimuthu

Madras HC10 Dec 2019TR CMP(MD)/455/2019

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court allowed a transfer petition, moving a husband's divorce application from Ambasamudram Sub Court to Thiruchendur Sub Court to be disposed of jointly with the wife's existing petition there for convenience and to avoid conflicting judgments.

What did the court decide?

The petition for transfer was allowed; H.M.O.P. No.35 of 2019 transferred from Ambasamudram to Thiruchendur Sub Court.

Meena Sundari Vs Marimuthu — Matrimonial and Divorce | Madras HC (2019)

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TR.C.M.P.(MD) No.455 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

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TR.C.M.P.(MD) No.455 of 2019 and C.M.P(MD)No.10427 of 2019

Meena Sundari

... Petitioner

Vs.

Marimuthu ... 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.35 of 2019 pending on the file of the Sub Court, Ambasamudram and transfer the same to the file of the Sub Court, Thiruchendur for trial along with H.M.O.P. No.79 of 2019.

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For Petitioner : Mr.P.Banu Prasath For Respondent : Mr.G.Anbu Saravanan

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ORDER

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The petitioner seeks transfer of H.M.O.P.No.35 of 2019 from the file of the Sub Court, Ambasamudram to the file of the Sub Court, Thiruchendur, for trial along with H.M.O.P. No.79 of 2019 pending on the file of the Sub Court, Thiruchendur.

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The original petition in H.M.O.P.No.35 of 2019 has been filed by the respondent / husband seeking divorce under Section 13 (1)(i-a) of the Hindu Marriage Act. It is also stated that the wife had already filed a petition in H.M.O.P. No.79 of 2019 on the file of the Sub Court, Thiruchendur seeking restitution of conjugal rights under Section 9 of the Hindu Marriage Act.

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Considering the convenience of the petitioner / wife and to avoid the possibility of conflicting judgment, I am of the considered opinion that the HMOP No.35 of 2019 on the file of Sub Court, Ambasamudram, can be transferred to the file of Sub Court, Thiruchendur, to be disposed of along with HMOP No.79 of 2019 pending on the file of Sub Court, Thiruchendur.

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Accordingly, this Transfer Petition is allowed and H.M.O.P.No.35 of 2019 is withdrawn from the file of the Sub Court, Ambasamudram, and transferred to the file of the Sub Court, Thiruchendur, to be disposed of along with HMOP No.79 of 2019 pending on the file of Sub Court, Thiruchendur, in accordance with https://hcservices.ecourts.gov.in/hcservices/

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TR.C.M.P.(MD) No.455 of 2019

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law. The Sub Court, Ambasamudram is directed to forward the entire papers in HMOP No.35 of 2019 to the Sub Court, Thiruchendur at the earliest. No costs. Consequently, connected miscellaneous petition is closed.

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Sd/-

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Assistant Registrar(Crl side) // True Copy //

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Sub Assistant Registrar(CS)

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1.The Sub Court, Ambasamudram.

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2.The Sub Court, Thiruchendur.

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+1 CC to M/s.M/S.P.BANUPRASATH, Advocate ( SR-104317[F] dated 10/12/2019 )

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+1 CC to M/s.G.ANBUSARAVANAN, Advocate ( SR-104725[F] dated 12/12/2019 )

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TR.C.M.P.(MD) No.455 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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Meena Sundari v. Marimuthu

Case brief

What is this about?

What did the court decide?

Meena Sundari v. Marimuthu

Case brief

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What did the court decide?

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