Allowed

Shanmuga Priya v. T.Krthikeyan

Madras HC21 Jan 2020TR CMP/446/2019

Case brief

AI extract

What is this about?

Petitioner sought transfer of family proceedings from Trichirappalli to Coimbatore due to distance. Court noted respondent's absence and lack of evidence of malafide, allowing transfer. Directed Family Court to conclude trial within 45 working days.

What did the court decide?

Proceedings transferred from Principal Sub Court, Trichirappalli to Family Court, Coimbatore. No costs. Connected CM.P. closed.

Shanmuga Priya Vs T.Krthikeyan — Civil Procedure and Limitation | Madras HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED:21.01.2020

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CORAM:

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THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN

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Transfer C.M.P.No.446 of 2019 and C.M.P.No.12591 of 2019

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Shanmuga Priya ...Petitioner vs. T.Karthikeyan ...Respondent Tr.C.M.P. filed under Section 24 of C.P.C., to withdraw H.M.O.P. No.199 of 2018 on the file of Principal Subordinate Judge at Trichirapalli and transfer the same to the Family Court at Coimbatore.

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For Petitioner : Mr.K.Myilsamy

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For Respondent : No appearance

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O R D E R

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The Petitioner, who is presently residing at Coimbatore, has come up with this Petition seeking transfer of H.M.O.P. No.199 of 2018 from the file of Principal Sub Court, Trichirappalli to Family Court, Coimbatore.

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According to the Petitioner, it would be very difficult for her to travel around 500 Kms to reach Trichirapalli for attending the hearings in H.M.O.P. No.199 of 2018.

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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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In the result, the proceedings in H.M.O.P. No.199 of 2018 is withdrawn from the file of Principal Sub Court, Trichirappalli and is transferred to the file of Family Court,

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

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Coimbatore, for trial. The Family Court, Coimbatore 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.12591 of 2019 is closed.

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Sd/-
Assistant Registrar(CS III)
//True Copy//
Sub Assistant Registrar
(Asr)
To :
1. The Judge, The Family Court, Coimbatore
2. The Principal Sub Judge, Trichirappalli
+1cc to Mr.K.Myilsamy, Advocate, S.R.No.4260
Tr.C.M.P.No.446 of 2019 and
C.M.P. No.12591 of 2019
KK(CO)
CS/02/03/2020

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

Shanmuga Priya v. T.Krthikeyan

Case brief

What is this about?

What did the court decide?

Shanmuga Priya v. T.Krthikeyan

Case brief

What is this about?

What did the court decide?

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