Allowed

Veeralakshmi v. Jeyachandran

Madras HC29 Jun 2021TR CMP(MD)/133/2021

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court transferred a divorce petition (H.M.O.P.No.03 of 2021) from the Sub Court, Udumalaipettai, to the Sub Court, Madurai, due to the petitioner's residence at a distant location and difficulty in appearing for hearings.

What did the court decide?

H.M.O.P.No.03 of 2021 withdrawn from Sub Court, Udumalaipettai and transferred to Sub Court, Madurai for disposal.

Veeralakshmi Vs Jeyachandran — Matrimonial and Divorce | Madras HC (2021)

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Tr CMP (MD) No. 133 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.06.2021 CORAM:

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THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN Tr.C.M.P.(MD) No.133 of 2021 and C.M.P.(MD)No.2588 of 2021

Veeralakshmi

... Petitioner

-vs-

Jeyachandran ... Respondent

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PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the H.M.O.P.No.03 of 2021 on the file of the Udumalaipettai, Sub Court and transfer the same to Srivilluputhur, Sub Court.

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For Petitioner : M/s.T.Karthigai Deeba

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For Respondent : Mr.D.Venkatesh

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O R D E R

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The present Transfer Civil Miscellaneous Petition is filed to withdraw the H.M.O.P.No.03 of 2021 on the file of the Udumalaipettai, Sub Court and transfer the same to Srivilluputhur, Sub Court.

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2.The respondent has filed H.M.O.P.No.03 of 2021 before the Sub Court, Udumalaipettai, for divorce.

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The learned counsel for the petitioner/wife submitted that the petitioner is residing along with her parents at Rajapalayam and she has no other source of income except depending on her parents. The distance between Rajapalayam and Udumalaipettai is nearly 250 kms. In such circumstances, it is very difficult to travel from Rajapalayam to Udumalaipettai for attending every hearing in H.M.O.P.No.03 of 2021 on the file of the Sub Court, Udumalaipettai. Hence, the petitioner seeks to transfer the case.

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The learned counsel appearing for the respondent would submit that there is a life threat at the hands of the petitioner and her family members and therefore, he has strongly objected for transferring the petition. He would further submit that if this Court feels to transfer the case, the same may be transferred to the file of any other centre place. https://hcservices.ecourts.gov.in/hcservices/

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Tr CMP (MD) No. 133 of 2021

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5.Considering the submissions made on either side, this Court feels to transfer the case to the file of Sub Court, Madurai.

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Accordingly, H.M.O.P.No.03 of 2021 is withdrawn from the Sub Court, Udumalaipettai and transferred to the file of Sub Court, Madurai, for disposal as per law. The learned Subordinate Judge, Udumalaipettai, is directed to transmit the papers to the file of the Sub Court, Madurai, forthwith. The learned Subordinate Judge, Madurai, is directed to dispose H.M.O.P.No.03 of 2021 on merits and in accordance with law as expeditiously as possible.

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

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Assistant Registrar(AE)

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// True Copy //

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/ /2021 Sub Assistant Registrar(CS)

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msa/cp

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To:

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1.The Subordinate Judge, Udumalaipetti.

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2.The Subordinate Judge, Madurai

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+1 CC to M/s.P.SUBBARAJ, Advocate ( SR-20785[F] dated 30/06/2021 )

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Order made in Tr.C.M.P.(MD) No.133 of 2021 and C.M.P.(MD)No.2588 of 2021 Dated: 29.06.2021

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na(CO) TR(07.07.2021) 2P 4C

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

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Veeralakshmi v. Jeyachandran

Case brief

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Veeralakshmi v. Jeyachandran

Case brief

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