The Madurai Bench transferred a husband's restitution of conjugal rights suit from Tiruchendur Subordinate Court to Madurai Family Court to mitigate the wife's travel and financial difficulties, finding her reasons sufficient.
H.M.O.P.No.65 of 2019 transferred to the Family Court, Madurai; Tiruchendur directed to transmit papers.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Tr CMP (MD) No. 202 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.06.2021 CORAM:
THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN Tr.C.M.P.(MD) No.202 of 2021 and C.M.P.(MD)No.3866 of 2021
Muthuselvi
... Petitioner/Respondent
-vs-
P.Pattarajan
... Respondent/Petitioner
PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw and transfer the H.M.O.P.No.65 of 2019 on the file of Subordinate Judge, Tiruchendur, Tuticorin District to Family Court at Madurai.
For Petitioner : Mr.Ka.Raamakrishinan
For Respondent : No appearance
O R D E R
The present Transfer Civil Miscellaneous Petition is filed to withdraw and transfer the H.M.O.P.No.65 of 2019 on the file of Subordinate Judge, Tiruchendur, Tuticorin District to Family Court at Madurai.
2.The respondent/ husband has filed H.M.O.P.No.65 of 2019 before the Sub Court, Tiruchendur, Tuticorin District, for restitution of conjugal rights.
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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Tr CMP (MD) No. 202 of 2021
8.In fine, this Transfer Civil Miscellaneous Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.
Assistant Registrar(CS-II)
// True Copy //
/ /2021 Sub Assistant Registrar(CS)
msa/cp
To:
Order made in Tr.C.M.P.(MD) No.202 of 2021 and C.M.P.(MD)No.3866 of 2021 Dated: 17.06.2021
KM(CO) TR(24.06.2021) 2P 3C
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2 issues framed by the court
Whether the withdrawal and transfer of a Hindu Marriage Original Petition from Subordinate Court to Family Court is justified due to distance and financial dependence.
How to handle the transfer of regular matter when the respondent in the transfer petition is absent.
1 provisions across 1 enactments
Muthuselvi
P.Pattarajan
A.A.Nakkiran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
