Allowed

R.Karthikeyan v. P.Ezhilarasi

Madras HC1 Jun 2020TR CMP(MD)/165/2020

Case brief

AI extract

What is this about?

The High Court refused to transfer the petitioner's divorce petition from Kumbakonam to another district, finding no necessity given the case circumstances and the impossibility of individual judicial officer influence. It directed the Additional Subordinate Judge, Kumbakonam to dispose of the case within six months.

What did the court decide?

Petition allowed; conviction of transfer order quashed; Additional Subordinate Judge, Kumbakonam directed to dispose of the main case within six months.

R.Karthikeyan Vs P.Ezhilarasi — Matrimonial and Divorce | Madras HC (2020)

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Tr.C.M.P.(MD)No.165 of 2020

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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Dated :01.06.2020

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CORAM

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THE HONOURABLE MRS. JUSTICE R. THARANI Tr.C.M.P.(MD)No.165 of 2020 and C.M.P.(MD)No.3068 of 2020

R.Karthikeyan

.. Petitioner

Vs.

P.Ezhilarasi .. Respondent

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Prayer: This Transfer Civil Miscellaneous Petition is filed under Section 24 of the Civil Procedure Code, to call for the records relating to the H.M.O.P.No.110 of 2017 pending on the file of the learned Additional Subordinate Judge, Kumbakonam and withdraw and to transfer the same to some other Court in any other District than Tanjavur.

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For Petitioner : Mr.K.Samidurai

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ORDER

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The above Transfer Civil Miscellaneous petition has been filed by the husband seeking for transfer of H.M.O.P.No.110 of 2017 on the file of the Additional Subordinate Court, Kumbakonam, to some other Court in any other District except Thanjavur.

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2.On the side of the petitioner, it is stated that the husband/petitioner has filed a divorce petition in H.M.O.P.No.110 of 2017 which is pending before the learned Additional Subordinate Judge, Kumbakonam. The brother of the wife/respondent is a Sheristadar in the District Court, Thanjavur. Hence, the case may be transferred to some other Court in any other District except Thanjavur.

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3.It is seen that the marriage took place only in Thanjavur. The wife of the petitioner is residing at Thanjavur. In the above circumstances, there is no necessity to transfer the case to any other Court. Sheristadar influencing the Court proceedings is not possible. There is no necessity to transfer the case. Anyhow the learned Sub Judge, Kumbakonam is directed to dispose the case within a period of six months from the date of receipt of a copy of this order.

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4.With the above direction, this Transfer Civil Miscellaneous Petition is disposed of. No Costs. https://hcservices.ecourts.gov.in/hcservices/

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Tr.C.M.P.(MD)No.165 of 2020

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Consequently, connected miscellaneous petition is closed.

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Sd/Assistant Registrar (ADII) // True Copy //

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/ /2020 Sub Assistant Registrar(CS)

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MRN To 1.The Additional Sub Court, Kumbakonam. Tr.C.M.P.(MD)No.165 of 2020 01.06.2020 KB(09.06.2020) 2P 2C

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

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R.Karthikeyan v. P.Ezhilarasi

Case brief

What is this about?

What did the court decide?

R.Karthikeyan v. P.Ezhilarasi

Case brief

What is this about?

What did the court decide?

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