Allowed

Sinduja v. S.Senthil Raja

Madras HC24 Jun 2021TR CMP(MD)/207/2021

Case brief

AI extract

What is this about?

The petitioner, Sinduja, sought transfer of HMOP No. 63 of 2021 from Family Court, Dindigul (situs of restitution of conjugal rights filed by husband) to Family Court, Coimbatore. She argued that living with parents in Coimbatore and the 170 km distance made attending hearings in Dindigul difficult. The court accepted the reasons and allowed the transfer.

What did the court decide?

HMOP No. 63 of 2021 withdrawn from Family Court, Dindigul and transferred to Family Court, Coimbatore for disposal.

Sinduja Vs S.Senthil Raja — Matrimonial and Divorce | Madras HC (2021)

¶1

Tr CMP (MD)No. 207 of 2021

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

DATED : 24.06.2021 CORAM: THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN Tr.C.M.P.(MD) No.207 of 2021 and C.M.P.(MD)No.4073 of 2021

¶4

Sinduja ... Petitioner/Respondent

¶5

-vs-

¶6

S.Senthil Raja ... Respondent/Petitioner

¶7

PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the case in HMOP.No.63 of 2021 on the file of the Family Court, Dindigul and to transfer the same to Family Court, Coimbatore.

¶8

For Petitioner : Mr.D.Senthil

¶9

For Respondent : Mr.S.C.Herold Singh

¶10

O R D E R

¶11

The present Transfer Civil Miscellaneous Petition is filed to withdraw the case in HMOP.No.63 of 2021 on the file of the Family Court, Dindigul and to transfer the same to Family Court, Coimbatore.

¶12

2.The learned counsel for the petitioner/wife submits that the respondent/husband has filed HMOP.No.63 of 2021 before the Family Court, Dindigul for restitution of conjugal rights. The petitioner/wife has filed DVOP.No.644 of 2019 before the learned Mahila Court cum Judicial Magistrate Court Coimbatore seeking protection against the respondent herein. It is further submitted that the petitioner is living with her old age parents at Coimbatore. The distance between Coimbatore and Dindigul is about 170 kms. In such circumstances, it is difficult for the petitioner to travel from Coimbatore to Dindigul for attending every hearing in HMOP.No.63 of 2021 on the file of the Family Court Dindigul. Hence, he prays to transfer the case to the file of Family Court, Coimbatore.

¶13

3.The learned counsel for the respondent submitted that the petitioner can very well afford for travelling from Coimbatore to Dindigul. Therefore, he has strongly objected to transfer the case.

¶14

4.This Court is satisfied with the reasons assigned in the affidavit filed in support of this petition.

¶15

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

¶16

1/2

¶17

Tr CMP (MD)No. 207 of 2021

¶18

5.Considering the facts and circumstances of the case and also considering the submissions made on either side, HMOP.No.63 of 2021 is withdrawn from the file of the Family Court, Dindigul and transferred to the file of the Family Court, Coimbatore for disposal as per law. The learned Family Court Judge, Dindigul is directed to transmit the papers to the Family Court, Coimbatore forthwith. The learned Family Court Judge, Coimbatore is directed to dispose H.M.O.P.No.63 of 2021 on merits and in accordance with law, as expeditiously as possible.

¶19

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

¶20

Assistant Registrar(CS-III)

¶21

// True Copy //

¶22

/ /2021 Sub Assistant Registrar(CS)

¶23

gns

¶24

¶25

The Judge, Family Court, Dindigul.

¶26

2.The Judge, Family Court, Coimbatore.

¶27

+1 CC to M/s.S.C.HEROLD SINGH, Advocate ( SR-20113[F] dated 24/06/2021 )

¶28

Tr.C.M.P.(MD) No.207 of 2021 24.06.2021

¶29

MJ(CO)

¶30

TR(01.07.2021) 2P 4C

¶31

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

¶32

2/2

Sinduja v. S.Senthil Raja

Case brief

What is this about?

What did the court decide?

Sinduja v. S.Senthil Raja

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

Coram

Case details

Similar cases

M.Sujatha, Vs J.v.Saravanan

Poornima Vs Dinesh Babu

A.Radha, Vs v.P.Venkatraman

J.Ramalakshmi Vs K.Ravikumar

Pachiammal Vs Meenakshi Sundaram

Cholamandalam Ms General Vs Nainar,S/O.Chithirai Thevar