Remanded

R.Pavithra v. S.Thiyagarajan

Madras HC8 Jan 2020TR CMP(MD)/483/2019

Case brief

AI extract

What is this about?

This transfer petition under Section 24 CPC was allowed. The divorce proceedings H.M.O.P.No.226 of 2019 pending at Sub Court Tuticorin were transferred to the Principal Sub Court Trichy to balance the inconvenience faced by both parties regarding residence and child care.

What did the court decide?

Proceedings in H.M.O.P.No.226 of 2019 were withdrawn from Sub Court Tuticorin and transferred to Principal Sub Court Trichy. Papers to be transmitted forthwith. No costs.

R.Pavithra Vs S.Thiyagarajan — Service and Employment | Madras HC (2020)

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TR.C.M.P.(MD) No.483 of 2019

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 08.01.2020

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CORAM:

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THE HONOURABLE MR. JUSTICE R.SUBRAMANIAN

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TR.C.M.P.(MD) No.483 of 2019 and C.M.P(MD)No.11329 of 2018

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R.Pavithra ... Petitioner/Respondent vs.

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S.Thiyagarajan ... Respondent/Petitioner

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PRAYER : This Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, to withdraw H.M.O.P.No.226 of 2019 on the file of the Sub Court, Thoothukudi and transfer the same to the Family Court, Trichy.

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For Petitioner : Mr.S.Pon Senthil Kumaran For Respondent : Mr.R.Santhanam

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ORDER

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The wife, who is facing proceedings for divorce under Section 13 (1) (i-a) (i-b) of the Hindu Marriage Act before the Sub Court, Tuticorin seeks transfer of the said proceedings to the Family Court, Trichy claiming that she is residing with her parents and she is to take care of her one year old child and therefore, it will be inconvenient for her to travel to Tuticorin to defend the divorce proceedings.

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The husband is admittedly a resident of Tuticorin. Considering the fact that if the proceedings are transferred to the Family Court at Trichy, the husband will be forced to appear for every hearing and it will undoubtedly cause more inconvenience to him, I am of the considered opinion that the proceedings in H.M.O.P.No.226 of 2019 can be transferred to the Principal Sub Court, Trichy, so that inconvenience to both the parties can be avoided.

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Hence, this transfer petition is allowed and the proceedings in H.M.O.P.226 of 2019 pending on the file of the Sub Court, Tuticorin is withdrawn and transferred to the file of the Principal Sub Court, Trichy to be tried and disposed of in accordance with law. The Sub Court Tuticorin is directed to https://hcservices.ecourts.gov.in/hcservices/

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TR.C.M.P.(MD) No.483 of 2019

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transmit the papers to the Principal Sub Court, Trichy forthwith. No costs. Consequently, connected miscellaneous petition is closed.

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Assistant Registrar (CS-II)

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/ /2020 Sub Assistant Registrar(CS)

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1.The Subordinate Judge, Tuticorin.

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2.The Principal Subordinate Judge, Trichy.

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+1 CC to M/s.S.PON SENTHIL KUMARAN, Advocate ( SR-1013[F] dated 09/01/2020 )

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+1 CC to M/s.R.SANTHANAM, Advocate ( SR-1086[F] dated 09/01/2020 )

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TR.C.M.P.(MD)No.483 of 2019 08.01.2020

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JMN(13.01.2020) 2P : 5C

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

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R.Pavithra v. S.Thiyagarajan

Case brief

What is this about?

What did the court decide?

R.Pavithra v. S.Thiyagarajan

Case brief

What is this about?

What did the court decide?

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