Allowed

S.Gnanaselvi v. v.S.Sivaprakash

Madras HC11 Jan 2021TR CMP(MD)/258/2020

Case brief

AI extract

What is this about?

An order allowing the transfer of a Summons Case seeking restitution on conjugal rights from the Family Court, Madurai to the Additional Sub Court, Thirunelveli, based on convenience and the husband's elderly parents' health.

What did the court decide?

Transfer of HMOP.No.38 of 2020 from Family Court, Madurai to Additional Sub Court, Thirunelveli; withdrawal and transmission of files granted.

S.Gnanaselvi Vs v.S.Sivaprakash — Writ and Judicial Review | Madras HC (2021)

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TR.CMP.(MD).No. 258 of 2020

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 11.01.2021

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CORAM :

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THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

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TR.CMP.(MD).No. 258 of 2020 and CMP(MD).No.5783 of 2020

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S. Gnanaselvi ... Petitioner/Respondent Vs. V.S. Sivaprakash ... Respondent/Petitioner

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Prayer: Transfer CMP filed under Section 24 CPC to withdraw the HMOP.No.38 of 2020 on the file of the Family Court, Madurai and transfer the same to the file of Family Court, Thirunelveli.

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For petitioner : Mr.V.Karnan

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For respondent : Mr. I. Pinaygash

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ORDER

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The petitioner / wife seeks transfer of HMOP.No. 38 of 2020, filed by the respondent / husband seeking restitution on conjugal rights on the file of Family Court at Madurai.

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The counsel for the petitioner is absent. Transfer is sought for solely on the ground of convenience as the petitioner / wife is a resident of Thirunelveli.

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The learned counsel appearing for the respondent would submit that the respondent / husband has got aged parents, who are suffering from various ailments and undergoing treatment and therefore, it would be difficult for him to travel to Thirunelveli for every hearing.

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Considering the above, I am of the opinion that the transfer of HMOP.No.38 of 2020, to the file of the Additional Sub Court at Thirunelveli would met the ends of justice as the husband will not be required for person for every hearing as in the case of Family Court.

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Therefore, the Transfer CMP is allowed and the HMOP.No.38 of 2020 pending on the file of the Family Court, Madurai is withdrawn and transferred to the file of Additional Sub Court, Thirunelveli, to be heard and disposed of in accordance with law. https://hcservices.ecourts.gov.in/hcservices/

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TR.CMP.(MD).No. 258 of 2020

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The Family Court, Madurai is directed to transmit the papers to the Additional Sub Court, Thirunelveli, forthwith. No costs. Consequently, the connected Miscellaneous Petition is closed.

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Sd/-

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Assistant Registrar (CS I)

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// True Copy //

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/ /2021 Sub Assistant Registrar(CS)

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trp

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To 1. The Presiding Judge, The Family Court, Madurai. 2.The Additional Sub Judge, Thirunelveli.

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TR.C.M.P(MD).No.258 of 2020 and CMP(MD).No.5783 of 2020 11.01.2021

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MJ(CO) KK(02.02.2021) 2P 3C

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

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S.Gnanaselvi v. v.S.Sivaprakash

Case brief

What is this about?

What did the court decide?

S.Gnanaselvi v. v.S.Sivaprakash

Case brief

What is this about?

What did the court decide?

What the court decided

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Coram

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