Allowed

M.Sujatha, v. J.v.Saravanan

Madras HC23 Jun 2021TR CMP(MD)/115/2021

Case brief

AI extract

What is this about?

The Madras High Court granted a petition to transfer a divorce matter from the Chennai Family Court to the Sub Court in Virudhunagar. The court accepted that the petitioner, residing in Virudhunagar, could not reasonably attend hearings in Chennai.

What did the court decide?

The impugned Order No.2945 of 2020 was transferred from II Family Court, Chennai to Sub Court, Virudhunagar for disposal.

M.Sujatha, Vs J.v.Saravanan — Matrimonial and Divorce | Madras HC (2021)

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Tr.C.M.P.(MD) No.115 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.06.2021 CORAM: THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN Tr.C.M.P.(MD) No.115 of 2021 and C.M.P.(MD)No.2315 of 2021

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M.Sujatha ... Petitioner/Respondent

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-vs-

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J.V.Saravanan

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... Respondent/Petitioner

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PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the HMOP.No.2945 of 2020 on the file of the II Family Court, Chennai and transfer the same to the learned Sub Court, Virudhunagar.

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For Petitioner : Mr.I.Suthakaran For Respondent : Mr.D.Shanmugam

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O R D E R

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The present Transfer Civil Miscellaneous Petition is filed to withdraw the HMOP.No.2945 of 2020 on the file of the II Family Court, Chennai and transfer the same to the learned Sub Court, Virudhunagar.

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2.The learned counsel for the petitioner/wife submits that the respondent/husband has filed HMOP.No.2945 of 2020 before the II Family Court, Chennai for divorce. The petitioner/wife has filed M.C.No.7 of 2020 for maintenance before the learned Judicial Magistrate No.I, Virudhunagar. It is further submitted that the petitioner is an un-employed and she is living with her parents. The distance between Chennai and Virudhunagar is about 500 kms. In such circumstances, it is difficult for the petitioner to travel from Virudhunagar to Chennai for attending every hearing in HMOP.No.2945 of 2020 on the file of the II Family Court, Chennai. Hence, he prays to transfer the case to the file of Subordinate Court, Virudhunagar.

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3.The learned counsel for the respondent submitted that the petitioner can very well afford for travelling from Virudhunagar to Chennai and only with an intention to drag on the proceedings, she filed the present transfer civil miscellaneous petition. Therefore, he has strongly objected to transfer the case.

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4.This Court is satisfied with the reasons assigned in the affidavit filed in support of this petition.

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

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Tr.C.M.P.(MD) No.115 of 2021

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5.Considering the facts and circumstances of the case and also considering the submissions made on either side, HMOP.No.2945 of 2020 is withdrawn from the file of the II Family Court, Chennai and transferred to the file of the learned Sub Court, Virudhunagar for disposal as per law. The learned II Family Court Judge, Chennai is directed to transmit the papers to the Sub Court, Virudhunagar forthwith. The learned Subordinate Judge, Virudhunagar is directed to dispose H.M.O.P.No.2945 of 2020 on merits and in accordance with law, as expeditiously as possible.

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6.In fine, this Transfer Civil Miscellaneous Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.

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// True Copy //

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/ /2021 Sub Assistant Registrar(CS)

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Gns To

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The Judge, Family Court No.II, Chennai

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2.The Subordinate Judge Virudhunagar

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+1 CC to M/s.I.SUTHAKARAN, Advocate ( SR-20112[F] dated 24/06/2021 )

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Tr.C.M.P.(MD) No.115 of 2021

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23.06.2021

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

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M.Sujatha, v. J.v.Saravanan

Case brief

What is this about?

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M.Sujatha, v. J.v.Saravanan

Case brief

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