Allowed

Muthulakshmi@Aishwarya v. Sundareswaran

Madras HC15 Apr 2021TR CMP(MD)/273/2020

Case brief

AI extract

What is this about?

Petition filed under Section 24 CPC to transfer divorce proceedings from Theni to Family Court, Madurai, to be tried alongside restitution of conjugal rights, in view of petitioner's residence in Madurai and difficulty in traveling to Theni. Petition allowed and papers transmitted.

What did the court decide?

HMOP.No.303 of 2018 withdrawn from Subordinate Judge, Theni and transferred to Family Court, Madurai to be tried along with HMOP.No.417 of 2020. Papers directed to be transmitted forthwith.

Muthulakshmi@Aishwarya Vs Sundareswaran — Matrimonial and Divorce | Madras HC (2021)

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Tr.C.M.P.(MD) No.273 of 2020

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.04.2021 CORAM: THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN Tr.C.M.P.(MD) No.273 of 2020 and C.M.P.(MD)No.6144 of 2020

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Muthulakshmi @ Aishwarya ... Petitioner/Respondent

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-vs-

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Sundareswaran ... Respondent/Petitioner

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PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the HMOP.No.303 of 2018 on the file of the Subordinate Judge, Theni and transfer the same to try along with HMOP.No.417 of 2020 on the file of the Family Court, Madurai or to any other competent Court having jurisdiction at Madurai.

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For Petitioner : Mr.P.Rajagopalan

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O R D E R

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The present Transfer Civil Miscellaneous Petition is filed to withdraw the HMOP.No.303 of 2018 on the file of the Subordinate Judge, Theni and transfer the same to try along with HMOP.No.417 of 2020 on the file of the Family Court, Madurai or to any other competent Court having jurisdiction at Madurai.

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2.The learned counsel for the petitioner/wife submits that the respondent/husband has filed HMOP.No.303 of 2018 before the Sub Court, Theni for divorce. The petitioner/wife has filed HMOP.No.417 of 2020 before the Family Court, Madurai for restitution of conjugal rights. It is further submitted that the petitioner and her 3 years old child are living in Madurai with her parents. In such circumstances, it is difficult for the petitioner to travel from Madurai to Theni for attending every hearing in HMOP.No.303 of 2018 on the file of the Sub Court, Theni.

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The learned counsel for the respondent submitted that though he has no objection for transferring the case, the case may be transferred to the file of any one of the Subordinate Courts in Madurai.

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

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Tr.C.M.P.(MD) No.273 of 2020

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

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In view of the same, HMOP.No.303 of 2018 is withdrawn from the file of the Sub Court, Theni and transferred to the file of the Family Court, Madurai to be tried along with HMOP.No.417 of 2020 for disposal as per law. The Subordinate Judge, Theni is directed to transmit the papers to the Family Court, Madurai, forthwith. The Judge, Family Court, Madurai is directed to dispose H.M.O.P.No.303 of 2018 along with HMOP.No.417 of 2020 on merits and in accordance with law.

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The personal appearance of the parties before the Family Court is dispensed with, except the dates of hearing, on which, the learned Judge insisted upon the parties to appear before the Court. On other hearing dates, the counsel on behalf of the parties may appear before the court.

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7.In fine, this petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.

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Assistant Registrar (T & P)

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// True Copy //

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/ /2021 Sub Assistant Registrar(CS )

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To:

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The Subordinate Judge, Theni.

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The Judge, Family Court, Madurai.

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+1 CC to M/s.P.RAJA GOPALAN, Advocate ( SR-15936[F] dated 16/04/2021 )

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Order made in Tr.C.M.P.(MD) No.273 of 2020

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and

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C.M.P.(MD)No.6144 of 2020

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Dated: 15.04.2021

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SDS(11.05.2021) 2P 4C

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

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Muthulakshmi@Aishwarya v. Sundareswaran

Case brief

What is this about?

What did the court decide?

Muthulakshmi@Aishwarya v. Sundareswaran

Case brief

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What did the court decide?

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