Allowed

Jeyapriya v. S.Hemachandran

Madras HC16 Nov 2021TR CMP(MD)/288/2021

Case brief

AI extract

What is this about?

The Madras High Court allowed a petition to transfer a High Obstetric Misc. Petition from the Sub Court, Alandur, to the Family Court, Srivilliputhur, considering the petitioner's residence. Records were transmitted, and the respondent's presence was dispensed with except for evidence adduction.

What did the court decide?

Transfer of H.M.O.P.No.220 of 2021 from Sub Court, Alandur to Family Court, Srivilliputhur. Respondent's presence dispensed with except for evidence.

Jeyapriya Vs S.Hemachandran — Matrimonial and Divorce | Madras HC (2021)

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Tr.C.M.P.(MD) No.288 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.11.2021

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CORAM:

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THE HONOURABLE MS.JUSTICE P.T.ASHA Tr.C.M.P.(MD) No.288 of 2021

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and C.M.P.(MD) No.6127 of 2021

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Jeyapriya .. Petitioner / Respondent

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-vs-

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S.Hemachandran .. Respondent / Petitioner

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Prayer :- Petition filed under Section 24 of Code of Civil Procedure, to withdraw H.M.O.P.No.220 of 2021 pending on the file of the Sub Court, Alandur and transfer the same to the Family Court, Srivilliputhur.

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For Petitioner : Mr.A.Balaji For Respondent : Ms.R.Mahalakshmi

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ORDER

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This petition is filed by the petitioner/wife seeking transfer of H.M.O.P No.220 of 2021 pending on the file of the Sub Court, Alandur to the Family Court, Srivilliputhur, since the petitioner is residing at her parental home at Rajapalayam.

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2.The petitioner had already filed a suit for maintenance in O.S.No.94 of 2020 on the file of the District Court Virudhunagar at Srivilliputhur and the petition under Domestic Violence Act was pending on the file of the learned Judicial Magistrate, Rajapalayam. These applications had been moved prior in point of time and thereafter, the petition for divorce has been filed by the respondent/husband on the file of the Sub Court, Alandur. Considering the fact that the petitioner is unemployed and unable to travel the distance from Srivilliputtur to Alandur, the petition for transfer has been filed.

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3.The learned counsel for the respondent would only state that a time frame may be fixed for the disposal of the HMOP and the presence of the respondent before the trial Court may also be dispensed with.

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4.Considering the above submissions, the Transfer Civil Miscellaneous Petition is allowed and the petition in H.M.O.P.No.220 of 2021 pending on the file of the Sub Court,

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

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Page 1 of 2

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Tr.C.M.P.(MD) No.288 of 2021

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Alandur is withdrawn and transferred to the file of the Family Court, Srivilliputhur. The learned Subordinate Judge, Alandur, is directed to transmit the entire records in H.M.O.P.No.220 of 2021 to the Family Court, Srivilliputhur. The learned Judge, Family Court, Srivilliputhur, shall endeavour to dispose of the said HMOP on merits and in accordance with law, as expeditiously as possible, however, not later than the period of six months from date of receipt of a copy of the order. The presence of the respondent herein before the Family Court at Srivilliputhur is dispensed with for all the hearings, except for adducing evidence. No costs. Consequently, connected miscellaneous petition is closed.

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Note:-

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In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate / litigant concerned.

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Tr.C.M.P.(MD) No.288 of 2021 16.11.2021

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SR(CO) SB(30.11.2021) 2P 3C

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

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Jeyapriya v. S.Hemachandran

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Jeyapriya v. S.Hemachandran

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