Allowed

Murugalakshmi, v. Backiyaraj

Madras HC28 Jun 2021TR CMP(MD)/203/2021

Case brief

AI extract

What is this about?

The Madurai Bench of Madras High Court allowed a Transfer Civil Miscellaneous Petition filed under Section 24 CPC. The court transferred a divorce case (H.M.O.P. No.8 of 2021) from Sub Court, Kovilpatti to Principal Subordinate Court, Madurai, due to safety concerns and distance for the wife.

What did the court decide?

The divorce case H.M.O.P.No.8 of 2021 was transferred from Sub Court, Kovilpatti to Principal Subordinate Court, Madurai for disposal.

Murugalakshmi, Vs Backiyaraj — Civil Procedure and Limitation | Madras HC (2021)

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Tr.C.M.P.(MD) No.203 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED :28.06.2021

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CORAM: THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN

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Tr.C.M.P.(MD) No.203 of 2021 and C.M.P.(MD)No.3883 of 2021

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Murugalakshmi ... Petitioner/Respondent-wife

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-vs-

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Backiyaraj ... Respondent/Petitioner-Husband

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PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the case on the file of the learned Sub Court, Kovilpatti in HMOP No.8 of 2021 and transfer the same to the file of the Principal Subordinate Court, Madurai.

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For Petitioner : Mr.D.Rameshkumar For Respondent : Mr.S.T.Sasidharan Tamilkani

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O R D E R

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The present Transfer Civil Miscellaneous Petition is filed to withdraw the case on the file of the Sub Court, Kovilpatti in HMOP No.8 of 2021 and transfer the same to the file of the Principal Subordinate Court, Madurai.

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2.The respondent/husband has filed before Sub Court, Kovilpatti, in H.M.O.P.No.8 of 2021 for divorce.

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The learned counsel for the petitioner/wife submitted that the petitioner is having 6 years old child and she is leading her life with the help of her age old mother and she has no source of income. The distance between Madurai and Kovilpatti is about 120 kms. He further submitted that there is a chance of threat to the petitioner's life, when she enters into Kovilpatti. Therefore, it is very difficult to travel from Madurai to Kovilpatti for attending every hearing in H.M.O.P.No.8 of 2021. Therefore, he seeks to transfer the case.

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The learned counsel for the respondent has no objection for allowing this petition.

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This Court is satisfied with the reasons stated in the https://hcservices.ecourts.gov.in/hcservices/

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Tr.C.M.P.(MD) No.203 of 2021

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affidavit filed in support of this petition.

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Considering the facts and circumstances of the case and considering the submission made by both counsel, H.M.O.P.No.8 of 2021 is withdrawn from the file of the Sub Court, Kovilpatti and transferred to the file of the Principal Subordinate Court, Madurai, for disposal as per law. The Subordinate Judge, Kovilpatti, is directed to transmit the papers to the file of the Principal Subordinate Court, Madurai, forthwith. The Principal Subordinate Judge, Madurai, is directed to dispose H.M.O.P.No.8 of 2021 on merits and in accordance with law as expeditiously as possible.

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

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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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The Subordinate Judge, Kovilpatti.

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The Principal Subordinate Judge, Madurai.

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+1 CC to M/s.S.T.SASIDHARAN TAMIL KANI, Advocate ( SR-20374[F] dated 28/06/2021 )

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Order made in Tr.C.M.P.(MD) No.203 of 2021 and C.M.P.(MD)No.3883 of 2021 Dated: 28.06.2021

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AS(05.07.2021) 2P 4C

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

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Murugalakshmi, v. Backiyaraj

Case brief

What is this about?

What did the court decide?

Murugalakshmi, v. Backiyaraj

Case brief

What is this about?

What did the court decide?

What the court decided

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