Allowed

Radha v. Krishna Moorthy

Madras HC20 Jan 2021TR CMP(MD)/196/2020

Case brief

AI extract

What is this about?

This petition under Section 24 CPC sought transfer of a pending divorce proceeding from the Family Court, Thoothukudi, to the Family Court at Sivakasi due to travel inconvenience. While the respondent feared risk if transferred to Sivakasi, the court deemed Kovilpatti a safe intermediate location and ordered the transfer.

What did the court decide?

H.M.O.P No.571 of 2020 was withdrawn from Family Court, Thoothukudi and transferred to Subordinate Court, Kovilpatti.

Radha Vs Krishna Moorthy — Civil Procedure and Limitation | Madras HC (2021)

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Tr.C.M.P(MD)No.196 of 2020

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 20.01.2021

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CORAM

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THE HON'BLE MR.JUSTICE R.SUBRAMANIAN

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Tr.C.M.P(MD)No.196 of 2020 and C.M.P(MD) No.3961 of 2020

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Radha

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... Petitioner/Respondent

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-Vs-

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Krishna Moorthy

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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.571 of 2020, from the file of the Family Court, Thoothukudi and transfer the same to the file of the Subordinate Court, Sivakasi, for disposal of the same on merits and in accordance with law.

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For Petitioner : Mr.M.Kannan For Respondent : Mr.Prabhu Rajadurai

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O R D E R

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The wife seeks transfer of proceedings for divorce launched by her husband, under Section 13(1)(i b) of Hindu Marriage Act, 1995, on the file of the Family Court, Tuticorin.

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Transfer is sought for solely on the ground of convenience. Mr.M.Kannan, the learned counsel for the petitioner would submit that Tuticorin is about 150 kms from Sivakasi and the petitioner/wife would be put to considerable inconvenience, if she is to travel to Tuticorin for every hearing, since the proceedings before the Family Court requires the presence of the parties for all hearings. He would also point out that if HMOP is transferred to Sub Court, Sivakasi, the respondent/husband need not appear for every hearing. The inconvenience caused due to transfer will also be very minimum.

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The learned counsel for the respondent would submit that the father of the petitioner is a very influential person at Sivakasi and the respondent's life will be in endanger, if the case is transferred to Sivakasi. He would also suggest that the https://hcservices.ecourts.gov.in/hcservices/

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Tr.C.M.P(MD)No.196 of 2020

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proceedings may be transferred to some intermediate place, where the proceedings will be conducted in a very conducive atmosphere.

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4.Considering the claim made by both sides and the request of the learned counsel for the respondent, H.M.O.P No.571 of 2020 is withdrawn from the file of the Family Court, Thoothukudi and transferred to the Subordinate Court, Kovilpatti, which is a intermediate place. The Family Court, Thoothukudi is directed to transmit the papers to the Subordinate Court, Kovilpatti forthwith.

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5.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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/ /2021 Sub Assistant Registrar(CS)

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vrn

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1.The Judge, Family Court, Thoothukudi.

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2.The Subordinate Judge, Kovilpatti.

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

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+1 CC to Mr.G.PRABHU RAJADURAI, Advocate ( SR-1680[F] dated 21/01/2021 )

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+1 CC to Mr.M.KANNAN, Advocate ( SR-1557[F] dated 21/01/2021 )

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Order made in Tr.C.M.P(MD)No.196 of 2020 and C.M.P(MD) No.3961 of 2020 20.01.2021

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

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Radha v. Krishna Moorthy

Case brief

What is this about?

What did the court decide?

Radha v. Krishna Moorthy

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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