Allowed

S.Pricilla Princy v. S.Arunmurali

Madras HC10 Nov 2020TR CMP/461/2020

Case brief

AI extract

What is this about?

This court allowed a transfer petition seeking to move a divorce case (DOP No.240/2020) from the Family Court, Salem, to the Additional District Fast Track Court, Mettur, Salem. The transfer was granted based on the petitioner's inconvenience caused by the distance, considering she has two minor children residing under her custody in Mettur.

What did the court decide?

Transfer of DOP No.240 of 2020 from Family Court, Salem to Additional District Fast Track Court, Mettur, Salem District.

S.Pricilla Princy Vs S.Arunmurali — Matrimonial and Divorce | Madras HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 10.11.2020

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CORAM

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THE HONOURABLE MR.JUSTICE T.RAJA

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Tr. C.M.P. No.461 of 2020 and C.M.P. No.11074 of 2020

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S.Pricilla Princy ...Petitioner/1^st Respondent

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-vs-

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S.Arunmurali ...1^st Respondent/Petitioner

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S.John Sathish ...2^nd Respondent/2^nd Respondent

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Prayer: Petition filed under Section 24 of C.P.C to withdraw DOP.No.240 of 2020 on the file of the Family Court Judge, Salem and transfer the same to the Additional District (Fast Track) Court, Mettur, Salem District.

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For Petitioner : Mr.M.Senthilkumar For 1^st Respondent: Mr.R.Marudhachalamurthy

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The Transfer C.M.P. has been filed seeking to withdraw DOP.No.240 of 2020 on the file of the Family Court Judge, Salem and transfer the same to the Additional District (Fast Track) Court, Mettur, Salem District.

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2. Heard the learned Counsel on either side.

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The marriage of the parties was solemnized on 27.04.2008 at Infant Jesus, Cathedral, Arisipalayam, Salem and subsequently, the same was also registered. After the marriage, they started leading happy matrimonial life in the 1^st respondent's matrimonial house. Out of the said wedlock, firstly, a female child was born on 12.01.2009 and thereafter, a male child was born on 12.03.2017 to them. The 1^st respondent is working as a teacher in V.Mettupalayam. In the meanwhile, due to some misunderstanding between them on a premise that both are having illicit intimacy with other persons, they got separated. It appears that the petitioner-wife has also given a complaint before Magudanchavadi Police Station against the 1^st respondent-

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

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husband and the 1^st respondent has also made an allegation against the petitioner that she is also having illicit intimacy with the 2^nd respondent herein. At this stage, the 1^st respondenthusband has filed DOP.No.240/2020 on the file of the Family Court Judge, Salem, seeking divorce. Since the petitioner is having two children, one daughter aged about 11 and one son aged about 3 respectively under her custody, it is stated that it will be very difficult for her to undertake a journey from Mettur to Family Court, Salem to attend the court hearings.

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Considering the facts and circumstances of the matter and also the fact that the petitioner wife is having two minor children under her custody, this Court is of the view that it is inconvenient for the petitioner-wife to travel from Mettur to Family Court, Salem to attend the court hearings. Therefore, on that ground, I am inclined to allow the present Transfer Civil Miscellaneous Petition. Accordingly, the DOP.No.240 of 2020 pending on the file of the learned Family Court Judge, Salem is withdrawn and transferred to the file of the learned Additional District (Fast Track) Judge, Mettur, Salem District, for expeditious disposal on merits.

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With the above directions, the Transfer CMP is allowed.
Consequently, connected CMP is closed.
Sd/-
Assistant Registrar(CS II)
//True Copy//
Sub Assistant Registrar
To
1. The Family Court Judge, Salem.
2. The Additional District (Fast Track) Judge,
Mettur, Salem District.
+1cc to Mr.R.Marudhachalamurthy, Advocate, Sr.No.36717
+1cc to Mr.M.Senthil Kumar, Advocate, Sr.No.36680
Tr. C.M.P. No.461/2020
rr ii (04/12/2020)

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

S.Pricilla Princy v. S.Arunmurali

Case brief

What is this about?

What did the court decide?

S.Pricilla Princy v. S.Arunmurali

Case brief

What is this about?

What did the court decide?

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