Allowed

Pachiammal v. Meenakshi Sundaram

Madras HC24 Jun 2021TR CMP(MD)/208/2021

Case brief

AI extract

What is this about?

This judgment allows a transfer petition under Section 24 CPC moving a Husband Opposed Petition from the Family Court, Madurai to the Subordinate Court, Attur. The court accepted the petitioner's disability and distance issues as sufficient grounds for the transfer and directed the Family Court to transmit the papers.

What did the court decide?

The impugned petition was allowed. HMOP No.292 of 2021 was withdrawn from Family Court Madurai and transferred to Subordinate Court Attur for disposal.

Pachiammal Vs Meenakshi Sundaram — Matrimonial and Divorce | Madras HC (2021)

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Tr.C.M.P.(MD) No.208 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :24.06.2021 CORAM:

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THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN Tr.C.M.P.(MD) No.208 of 2021 and C.M.P.(MD)No.4083 of 2021

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M.Pachiammal ... Petitioner/Respondent

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-vs-

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M.Meenakshi Sundaram ... Respondent/Petitioner

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PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw HMOP.No.292 of 2021 on the file of the Family Court, Madurai and transfer the same to the file of the Subordinate Court, Attur, Salem District.

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For Petitioner : Mr.S.Poornachandran

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For Respondent : Mr.M.Jothibasu

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O R D E R

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The present Transfer Civil Miscellaneous Petition is filed to withdraw HMOP.No.292 of 2021 on the file of the Family Court, Madurai and transfer the same to the file of the Subordinate Court, Attur, Salem District.

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2.The learned counsel for the petitioner/wife submits that the respondent/husband has filed HMOP.No.292 of 2021 before the Family Court, Madurai to declare the marriage between the petitioner and the respondent as null and void. It is further submitted that the petitioner is a physically challenged person with 70% disability and she is living with her parents at Salem. The distance between Salem and Madurai is about 250 kms. In such circumstances, it is difficult for the petitioner to travel from Salem to Madurai for attending every hearing in HMOP.No.292 of 2021 on the file of the Family Court, Madurai. Hence, he prays to transfer the case to the file of Subordinate Court, Attur, Salem District.

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3.The learned counsel for the respondent has admitted the fact that the petitioner is a physically challenged person. However, the marriage was taken place at Madurai and after that, they were residing at Madurai only. Therefore, he has strongly objected to transfer the case.

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

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Tr.C.M.P.(MD) No.208 of 2021

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

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5.Considering the facts and circumstances of the case and also considering the submissions made on either side, HMOP.No.292 of 2020 is withdrawn from the file of the Family Court, Madurai and transferred to the file of the Subordinate Court, Attur, Salem District for disposal as per law. The learned Family Court Judge, Madurai is directed to transmit the papers to the Subordinate Court, Attur, Salem District forthwith. The learned Subordinate Judge, Attur, Salem District is directed to dispose H.M.O.P.No.292 of 2021 on merits and in accordance with law, as expeditiously as possible.

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

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Sd/-

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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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gns

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1.The Judge, Family Court Madurai.

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2.The Subordinate Judge Attur, Salem District

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+1 CC to M/s.G.M.LAW OFFICE M.JOTHIBASU, Advocate ( SR-20211[F] dated 25/06/2021 )

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Tr.C.M.P.(MD) No.208 of 2021 24.06.2021

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KM(02.07.2021) 2P 4C

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

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Pachiammal v. Meenakshi Sundaram

Case brief

What is this about?

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Pachiammal v. Meenakshi Sundaram

Case brief

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