Allowed

N.Indhu v. a.Muthuraja

Madras HC20 Jan 2021TR CMP(MD)/205/2020

Case brief

AI extract

What is this about?

This judgment allows a petition to transfer marital proceedings from the Family Court, Tirunelveli to the Family Court, Nagercoil, citing the wife's residence in the latter district as the basis for the transfer. The impugned restitution of conjugal rights suit was withdrawn from the chancery and transferred to the family court.

What did the court decide?

Transfer of H.M.O.P No. 83 of 2020 from Family Court, Tirunelveli to Family Court, Nagercoil; transmission of papers directed.

N.Indhu Vs a.Muthuraja — Matrimonial and Divorce | Madras HC (2021)

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Tr.C.M.P(MD)No.205 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.205 of 2020 and C.M.P(MD) No.4478 of 2020

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N.Indhu ... Petitioner/Respondent

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-Vs-

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Dr.A.Muthuraja ... 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.83 of 2020, pending on the file of the Family Court, Tirunelveli District and to transfer the same to the Family Court, Nagercoil, Kanyakumari District.

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For Petitioner : Mr.L.George Paul Anto For Respondent : No appearance

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O R D E R

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The petitioner/wife seeks transfer of proceedings in H.M.OP.No.83 of 2020, filed by her husband seeking Restitution of Conjugal Rights, on the file of the Family Court, Tirunelveli.

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Transfer is sought for solely on the ground of convenience. The wife is a resident of Nagercoil and the husband is a resident of Tirunelveli.

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Though a counsel entered appearance for the respondent/husband, his Vakalat has been returned and he also does not appear.

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4.When the matter was listed on 18.01.2021, the learned counsel for the petitioner was requested to inform the counsel for the respondent. Accordingly, the learned counsel for the petitioner would submit that he has informed the counsel for the respondent about the posting of the Transfer Civil Miscellaneous Petition today. Despite the same, none appears for the respondent today.

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5.Considering the fact that the wife is the resident of Nagercoil, Kanyakumari District, H.M.O.P No.83 of 2020 is withdrawn https://hcservices.ecourts.gov.in/hcservices/

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Tr.C.M.P(MD)No.205 of 2020

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from the file of the Family Court, Tirunelveli and transferred to the Family Court, Nagercoil, Kanyakumari District. The Family Court, Tirunelveli District is directed to transmit the papers to the Family Court, Nagercoil, Kanyakumari District forthwith.

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

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Assistant Registrar (CS-III)

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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 Judge, Family Court, Tirunelveli District 2.The Judge, Family Court, Nagercoil, Kanyakumari District

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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 M/s.L.GEORGE PAUL ANTO, Advocate ( SR-1591[F] dated 21/01/2021 )

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Order made in Tr.C.M.P(MD)No.205 of 2020 and C.M.P(MD) No.4478 of 2020 20.01.2021

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NA (CO) NR (09/02/2021) 2P : 6C

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

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N.Indhu v. a.Muthuraja

Case brief

What is this about?

What did the court decide?

N.Indhu v. a.Muthuraja

Case brief

What is this about?

What did the court decide?

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