Allowed

T.Maheswari v. R.Venugopal

Madras HC23 Jan 2020TR CMP/589/2019

Case brief

AI extract

What is this about?

The Single Judge allowed a Transfer Civil Miscellaneous Petition seeking to transfer a habeas corpus matter from the Subordinate Court, Kancheepuram, to the Family Court, Srivilliputhur, based on the petitioner's residence and travel convenience, finding no malafides.

What did the court decide?

The proceedings in H.M.O.P. No. 161 of 2019 withdrawn from Subordinate Court, Kancheepuram, and transferred to the Family Court, Srivilliputhur. Transfer Petition allowed; no costs.

T.Maheswari Vs R.Venugopal — Civil Procedure and Limitation | Madras HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 23.01.2020

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CORAM:

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THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN

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Transfer C.M.P.No.589 of 2019

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T.Maheshwari ...Petitioner

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R.Venugopal ...Respondent

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Tr.C.M.P. filed under Section 24 of C.P.C., to withdraw H.M.O.P.No.161 of 2019 from the file of the Subordinate Judge, Kancheepuram and transfer the same to the file of the Family Court, Srivilliputhur.

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For Petitioner : Mr.M.Aloysius Raja Pragash

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For Respondent : No appearance

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The Petitioner, who is presently residing in Srivilliputhur, has come up with this Petition seeking transfer of H.M.O.P.No.161 of 2019 from the file of the Subordinate Court, Kancheepuram to the file of the Family Court, Srivilliputhur.

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According to the Petitioner, it would be difficult for her to travel all the way from Srivilliputhur to attend the hearings in H.M.O.P.No.161 of 2019 at Kancheepuram, along with her 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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In the result, the proceedings in H.M.O.P.No.161 of 2019 is withdrawn from the file of the Subordinate Court, Kancheepuram and is transferred to the Family Court, Srivilliputhur, for trial. The Family Court, Srivilliputhur, is expected to conclude the trial, as expeditiously as possible, without adjourning the matter beyond 45 working days https://hcservices.ecourts.gov.in/hcservices/ 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.17021 of 2019 is closed.

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Sd/-
Assistant Registrar (CS-III)
//True Copy//
Sub Assistant Registrar
(aeb)
To :
1. The Subordinate Judge,
Kancheepuram.
2. The Judge,
Family Court, Srivilliputhur.
+1cc to Mr.Aloysius Raja Pragash, Advocate, S.R.No. 4539
Tr.C.M.P.No.589 of 2019
KK(CO)
GN(26/02/2020)

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

T.Maheswari v. R.Venugopal

Case brief

What is this about?

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T.Maheswari v. R.Venugopal

Case brief

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