Allowed

Mariammal v. Moorthy

Madras HC22 Jun 2021TR CMP(MD)/177/2021

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court allowed a public interest transfer petition to move a divorce case filed by the husband from the Sub Court, Vallioor, to the Family Court, Tirunelveli, considering the petitioner's financial constraints and residence.

What did the court decide?

H.M.O.P. No. 49 of 2020 was withdrawn from the Sub Court, Vallioor and transferred to the Family Court, Tirunelveli for disposal.

Mariammal Vs Moorthy — Matrimonial and Divorce | Madras HC (2021)

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Tr CMP (MD) No. 177 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.06.2021 CORAM:

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THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN Tr.C.M.P.(MD) No.177 of 2021 and C.M.P.(MD)No.3366 of 2021

Mariammal

... Petitioner

-vs-

Moorthy

... Respondent

PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the H.M.O.P.No.49 of 2020 on the file of the Sub Court, Vallioor and transfer it to the Family Court, Tirunelveli.

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For Petitioner : Mr.T.Selvan

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For Respondent : No appearance

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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.49 of 2020 on the file of the Sub Court, Vallioor and transfer it to the Family Court, Tirunelveli.

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2.The respondent/ husband has filed H.M.O.P.No.49 of 2020 before the Sub Court, Vallioor, for divorce.

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3.The learned counsel for the petitioner submitted that the petitioner is residing with her parental home at Melapalayam. The petitioner is not having any income and she entirely depends on her parents. Moreover, the petitioner's parent is a coolie worker. Due to financial crisis, the petitioner is not able to travel from Tirunelveli to Vallioor to attend the case hearings. Therefore, he seeks to transfer the case in H.M.O.P.No.49 of 2020 to the file of Family Court, Tirunelveli.

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4.Though the name of the respondent is printed in the cause list, the respondent has not chosen to appear either in person or through counsel duly instructed.

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5.This Court considered the arguments made by the learned counsel for the petitioner.

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6.This Court is satisfied with the reasons stated in the affidavit filed in support of this petition.

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

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Tr CMP (MD) No. 177 of 2021

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7.Considering the facts and circumstances of the case and also considering the submissions made by the learned counsel for the petitioner, H.M.O.P.No.49 of 2020 is withdrawn from the file of the Sub Court, Vallioor and transferred to the file of the Family Court, Tirunelveli, for disposal as per law. The learned Subordinate Judge, Vallioor, is directed to transmit the papers to the Family Court, Tirunelveli, forthwith. The learned Judge, Family Court, Tirunelveli, is directed to dispose of H.M.O.P.No.49 of 2020 on merits and in accordance with law as expeditiously as possible.

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

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Assistant Registrar(P & A)

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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:1. The Subordinate Judge, Vallioor.

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The Judge, Family Court, Tirunelveli. Copy to The Registrar (Judicial), Madurai Bench of Madras High Court,Madurai.

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Order made in Tr.C.M.P.(MD) No.177 of 2021 and C.M.P.(MD)No.3366 of 2021 Dated: 22.06.2021

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ma(CO) TR(29.06.2021) 2P 4C

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

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Mariammal v. Moorthy

Case brief

What is this about?

What did the court decide?

Mariammal v. Moorthy

Case brief

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What did the court decide?

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