Allowed

V.Nivetha v. P.Vivekannandan

Madras HC3 Feb 2020TR CMP/22/2020

Case brief

AI extract

What is this about?

The Hon'ble Madras High Court allowed a transfer petition to move a family maintenance case from the VI Additional Family Judge, Chennai, to the Family Court, Madurai. The transfer was ordered based on the petitioner's residence in Madurai and childcare constraints for her one-year-old child, despite the respondent's absence.

What did the court decide?

Transfer of O.P. No.4739 of 2019 from VI Additional Family Court, Chennai to Family Court, Madurai.

V.Nivetha Vs P.Vivekannandan — Civil Procedure and Limitation | Madras HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 03.02.2020

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CORAM:

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THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN

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Transfer C.M.P.No.22 of 2020 and

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C.M.P. No.525 of 2020

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V.Nivetha ...Petitioner

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vs. P.Vivekanandan ...Respondent

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Tr.C.M.P. filed under Section 24 of C.P.C., to withdraw the case in O.P. No.4739 of 2019 on the file of the learned VI Addl. Family Judge, Chennai and transfer the same to the file of the Family Court, Madurai where M.C. No.109 of 2019 is pending.

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For Petitioner : Ms.R.Anitha For Respondent : No appearance O R D E R

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The Petitioner, who is presently residing at Uthangudi, Madurai, has come up with this Petition seeking transfer of O.P. No.4739 of 2019 pending on the file of the learned VI Additional Family Judge, Chennai to the file of the Family Court, Madurai, where M.C. No.109 of 2019 is pending.

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According to the Petitioner, it would be difficult for her to travel all the way from Uthangudi, Madurai to attend the hearings in O.P.No.4739 of 2019 at Chennai, along with her one year old child.

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Heard the learned counsel for the Petitioner. None appears on behalf of the Respondent in spite of his name printed in the cause list, after service.

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There is nothing on record to suspect the bonafides in filing this Transfer Petition. I am therefore of the view that the Transfer Petition deserves to be allowed.

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

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In the result, the proceedings in O.P.No.4739 of 2019 is withdrawn from the file of the VI Additional Family Court, Chennai and is transferred to the file of Family Court, Madurai, where M.C. No.109 of 2019 filed by the petitioner is pending. The Family Court, Madurai is expected to conclude the trial, as expeditiously as possible, without adjourning the matter beyond 45 working days at any point of time, to bring the issue to a logical end.

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The Transfer Civil Miscellaneous Petition is allowed as indicated above. No costs. Consequently, connected C.M.P.No.525 of 2020 is closed.

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Sd/-
Assistant Registrar
// True Copy//
Sub Assistant Registrar
(Asr)
To
1.The VI Additionaludge, Family Court, Chennai.
2.The Judge, Family Court, Madurai.
+1cc to Ms.R.Anitha, Advocate, SR.No.7930.
Tr.C.M.P.No.22 of 2020 and
C.M.P. No.525 of 2020

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

V.Nivetha v. P.Vivekannandan

Case brief

What is this about?

What did the court decide?

V.Nivetha v. P.Vivekannandan

Case brief

What is this about?

What did the court decide?

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