Partly allowed

Deivadharshini @ Alagumeenal v. Karthik

Madras HC17 Feb 2021TR CMP(MD)/16/2021

Case brief

AI extract

What is this about?

In a transfer petition concerning a matrimonial case, the court rejected the petitioner's request to transfer the trial to Madurai, citing the husband's valid concern for safety. Instead, the court ordered transfer to the neutral venue of Subordinate Court, Melur, to accommodate both parties.

What did the court decide?

H.M.O.P.No.90 of 2020 ordered to be transferred to thefile of the Subordinate Court, Melur.

Deivadharshini @ Alagumeenal Vs Karthik — Property and Title | Madras HC (2021)

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Tr.C.M.P(MD)No.16 of 2021 and CMP(MD) No.337 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 17.02.2021

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CORAM

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Tr.C.M.P(MD)No.16 of 2021 and C.M.P(MD) No.337 of 2021

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Deivadharshini @ Alagumeenal

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... Petitioner/Respondent

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-Vs-

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Karthik

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... Respondent /Petitioner

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Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C., to withdraw the case in H.M.O.P.No.90 of 2020, pending before the Sub Court, Manaparai and transfer the same to the file of Principal Sub Court, Madurai.

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For Petitioner : Mr.N.Pragalathan For Respondent : Mr.R.Alagia Nambi

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O R D E R

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The wife, who is facing proceedings under Section 13(1)(i-a) of Hindu Marriage Act in H.M.O.P.No.90 of 2020, seeks transfer of the same to the Principal Subordinate Court, Madurai.

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2.Transfer is sought for mainly on the ground of convenience since the wife is a resident of Madurai City.

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3.The request is resisted by the husband, contending that he is employed at Coimbatore and transfer to Madurai, would make it difficult for him to attend the Court proceedings. The learned counsel for the husband would also submit that his life will be in danger, if he is to attend the Court at Madurai, which is the native place of the wife.

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4.Considering the convenience of both the parties and the apprehension expressed by the learned counsel for the husband, I am of the opinion that H.M.O.P.No.90 of 2020 could be transferred to the neutral venue, namely, the Subordinate Court, Melur, where the presence of the parties is not required for every hearing. The parties can also conduct the proceedings in a conducive atmosphere.

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

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Tr.C.M.P(MD)No.16 of 2021 and CMP(MD) No.337 of 2021

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5.In view of the above, H.M.O.P.No.90 of 2020 is withdrawn from the file of the Subordinate Court, Manaparai and transferred to the file of the Subordinate Court, Melur, to be tried in accordance with law. The Subordinate Court, Manaparai is directed to transmit the papers to the Subordinate Court, Melur, forthwith.

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6.Accordingly, this Transfer Civil Miscellaneous Petition is disposed of. However, there will be no order as to costs. Consequently, connected miscellaneous petition is closed.

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Assistant Registrar (CRL SIDE)

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// True Copy //

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/ /2021 Sub Assistant Registrar(CS)

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vrn

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1.The Subordinate Court, Manaparai

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2.The Subordinate Court, Melur

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3.The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai.(2 copies)

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+1 CC to Mr.R.ALAGIA NAMBI, Advocate ( SR-5574[F] dated 17/02/2021 )

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+1 CC to Mr.N.PRAGALATHAN, Advocate ( SR-5844[F] dated 18/02/2021 )

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Order made in Tr.C.M.P(MD)No.16 of 2021 and C.M.P(MD) No.337 of 2021 17.02.2021

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VB (04.03.2021) 2P 7C

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

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Deivadharshini @ Alagumeenal v. Karthik

Case brief

What is this about?

What did the court decide?

Deivadharshini @ Alagumeenal v. Karthik

Case brief

What is this about?

What did the court decide?

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