Allowed

A.Menaka v. B.Manoj Kumar

Madras HC4 Nov 2020TR CMP/458/2020

Case brief

AI extract

What is this about?

The High Court of Madras, relying on the petitioner's affidavit regarding distance and merit, allowed the transfer petition. The H.M.O.P. concerning divorce filed by the absent respondent was transferred from Family Court, Coimbatore to Sub Court, Perundhurai, and the original petition was closed.

What did the court decide?

H.M.O.P. No.1744 of 2019 withdrawn from Family Court, Coimbatore and transferred to Sub Court, Perundhurai.

A.Menaka Vs B.Manoj Kumar — Service and Employment | Madras HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED 04.11.2020

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CORAM

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THE HONOURABLE MR.JUSTICE T.RAJA

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Tr.C.M.P. No.458 of 2020 and C.M.P. No.10638 of 2020

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A.Menaka .. Petitioner

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-vs-

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B.Manoj Kumar ... Respondent

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Prayer: Petition filed under Section 24 of C.P.C. to withdraw and transfer the H.M.O.P. No.1744 of 2019 on the file of the Family Court at Coimbatore and transfer the same to the Sub Court, Perundhurai.

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For Petitioner : Mr.Ali Hassan Khan

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For Respondent : No appearance

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A.Menaka, the petitioner herein has filed this petition for transfer of H.M.O.P. No.1744 of 2019 pending on the file of the Family Court, Coimbatore to the file of the Sub Court, Perundhurai.

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2.Learned counsel appearing for the petitioner would submit that after the marriage solemnized on 22.08.2018 as per the Hindu rites and customs at Guruvayur Temple, Kerala between the petitioner and the respondent, their matrimonial home was set up at the parental house of the respondent. Learned counsel appearing for the petitioner would further submit that the respondent is running a private company in the name of 'Blue Tech Solutions' and the petitioner is an unemployed and that the respondent, who has been addicted to alcohol, threatened the petitioner with filthy words to collect the marriage certificate from his father so as to apply divorce for further continuation of his affair with some other woman. Thereafter, the respondent filed a petition in H.M.O.P. No.1744 of 2019 under Section 13(1)(i-a) of the Hindu Marriages Act before the Family Court, Coimbatore for divorce with false allegations. Since the distance between Perundhurai and Coimbatore is more than 100 kms., it will be highly difficult for the petitioner to undertake such a long journey when she being a dependent on her

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Page numbers

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

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parents. I also find merits on the submissions.

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3.Taking note of the fact that neither the counsel for the respondent nor the respondent has chosen to appear to argue the case, although notice has been served and the name of the respondent has been printed in the cause list, which would show that the respondent is not interested in conducting the case and he has no objection in allowing this petition, this Court is inclined to allow this petition. Accordingly, the Transfer C.M.P. stands allowed and the H.M.O.P. No.1744 of 2019 pending on the file of the Family Court, Coimbatore is withdrawn and transferred to the file of the Sub Court, Perundhurai. The Sub Court, Perundhurai shall dispose of the case expeditiously, on merits and in accordance with law. Consequently, C.M.P. No.10638 of 2020 is closed. No costs.

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Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
vga
To
1.The Judge, Family Court,
Coimbatore.
2.The Subordinate Judge,
Perundhurai.
Tr.C.M.P. No.458 of 2020 and C.M.P. No.10638 of 2020
SAI(CO)
CB(10/12/2020)

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

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Page numbers

A.Menaka v. B.Manoj Kumar

Case brief

What is this about?

What did the court decide?

A.Menaka v. B.Manoj Kumar

Case brief

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