Allowed

Kanimozhi v. Rajendrakumar

Madras HC5 Oct 2020TR CMP/188/2020

Case brief

AI extract

What is this about?

This court allowed a transfer civil miscellaneous petition under Section 24 CPC to withdraw and transfer a Hindu Marriage Officer's original petition from Omalur to Harur. The transfer facilitates joint trial with a restitution of conjugal rights petition and accommodates the petitioner's difficulty traveling with an infant child.

What did the court decide?

The Transfer CMP is allowed; the original petition is transferred to Harur to be tried jointly with the respondent's restitution petition.

Kanimozhi Vs Rajendrakumar — Service and Employment | Madras HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 05.10.2020

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CORAM

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THE HONOURABLE MR.JUSTICE T.RAJA

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Tr.C.M.P.No.188 of 2020 and CMP.No.6034/2020

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Kanimozhi ..Petitioner -vsRajendrakumar ..Respondent Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil Procedure Code, to withdraw and transfer the HMOP.No.173 of 2019 on the file of the learned Subordinate Judge, Omalur to the file of the learned Subordinate Judge, Harur to be tried along with HMOP.No.3/2020 pending on the said Court.

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For Petitioner :: Mr.V.Suryanarayana Reddy
For Respondent :: No Appearance
ORDER

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The matter was taken up through video conferencing due to the Covid-19 pandemic.

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The petitioner has filed this Transfer Civil Miscellaneous Petition seeking to withdraw and transfer the HMOP.No.173 of 2019 on the file of the learned Subordinate Judge, Omalur to the file of the learned Subordinate Judge, Harur to be tried along with HMOP.No.3/2020 pending on the said Court.

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Learned Counsel appearing for the petitioner submitted that the marriage between the petitioner-wife and the respondent-husband was solemnized on 20.05.2015 at Karuvalli Chinna Tirupathi Shri Prasanna Venkatramana Swamy Thirukoil, Venkateswara Mahal Hall, Kadayanpatti Taluk, Salem District. Out of the said wedlock, a female child was born on 12.12.2016, namely, Abhinaya. It is stated that during her fifth month of

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

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pregnancy, the petitioner went to her parental home for delivery and after the delivery of the female child and it was intimated to the respondent and his parents, there was no any response. In the meanwhile, the petitioner also received a summon from the Subordinate Court, Omalur on the petition filed by the respondent-husband demanding divorce from her, without there being any valid reasons. When the petitioner finds it difficult to maintain herself and her 3 years old female child, it is very hard for her to undergo a long journey from Harur to Omalur which is about 90 kms. Further, the petitioner wife has also filed HMOP.No.3/2020 before the learned Subordinate Judge, Harur seeking restitution of conjugal rights. Therefore, the respondent has to come and appear before the Subordinate Court, Harur to answer the petition for restitution of conjugal rights. Hence, the present Transfer CMP is filed to withdraw and transfer the HMOP.No.173 of 2019 on the file of the learned Subordinate Judge, Omalur to the file of the learned Subordinate Judge, Harur to be tried along with HMOP.No.3/2020 pending on the said Court.

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Although court notice was served on the respondent and the name of the respondent has been printed in the cause list, no one appeared that shows that the respondent has no objection for allowing the transfer plea. Secondly, the petitioner is living with her 3 years old female child. Hence, this Court is of the view that with the infant child, it is highly difficult for the petitioner wife to undertake 90 kms. travel from Harur to Omalur. Thirdly, she has also filed HMOP.No.3/2020 under Section 9 of the Hindu Marriage Act, 1955, seeking restitution of conjugal rights before the learned Subordinate Judge, Harur. Therefore, this Court, accepting that the balance of convenience is in favour of the petitioner, inclined to withdraw the HMOP.No.173/2019 on the file of the learned Subordinate Judge, Omalur and transfer the same to the file of the Subordinate Judge, Harur with a direction to the learned Subordinate Judge, Harur to try both the HMOP.No.173/2019 and HMOP.No.3/2020 jointly and pass appropriate orders expeditiously on merits and in accordance with law.

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5.With the above directions, the Transfer CMP is allowed. Consequently, connected Miscellaneous Petition is closed.

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Sd/Assistant Registrar

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//True Copy//

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Sub Assistant Registrar

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

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The Subordinate Judge, Omalur, Salem District.

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The Subordinate Judge, Harur.

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+2cc to Mr.V.Surya Narayana Reddy, Advocate, Sr.Nos.33038 & 32947

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Tr.C.M.P.No.188 of 2020

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rr ii (19/11/2020)

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

Kanimozhi v. Rajendrakumar

Case brief

What is this about?

What did the court decide?

Kanimozhi v. Rajendrakumar

Case brief

What is this about?

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